Subhash Chander Goyal (HUF) vs. ITO Ward-42(1), New Delhi – Assessment Year 2014-15 – Vivad Se Vishwas Scheme Withdrawal

Case Overview: Subhash Chander Goyal (HUF) vs. ITO Ward-42(1), New Delhi – ITA No. 6515/DEL/2019

Case Number: ITA 6515/DEL/2019

Appellant: Subhash Chander Goyal (HUF), New Delhi

Respondent: ITO Ward-42(1), New Delhi

Assessment Year: 2014-15

Date of Filing: 2019-08-05

Order Type: Final Tribunal Order

Date of Order: 2020-12-23

Date Pronounced: 2020-12-23

Introduction

The case of Subhash Chander Goyal (HUF) for the assessment year 2014-15 involves the withdrawal of an appeal filed with the Income Tax Appellate Tribunal (ITAT) Delhi. The appellant sought to withdraw the appeal under the Vivad Se Vishwas Scheme, 2020, which was introduced by the Indian government to resolve pending tax disputes. The case was heard and concluded on December 23, 2020, by the ITAT Delhi F Bench, consisting of Vice President Shri G.S. Pannu and Judicial Member Shri Sudhanshu Srivastava.

Background of the Case

The appellant, Subhash Chander Goyal (HUF), had filed an appeal against the order of the CIT(A)-34, New Delhi, dated May 30, 2019, for the assessment year 2014-15. The appeal was filed on August 5, 2019, and was scheduled for a hearing in December 2020. The case involved a dispute over tax arrears, which the appellant chose to settle under the Vivad Se Vishwas Scheme, 2020.

The Vivad Se Vishwas Scheme was introduced by the Government of India as a direct tax dispute resolution scheme, providing taxpayers an opportunity to settle their tax disputes by paying the disputed tax amount. In return, the government would waive off interest, penalties, and prosecution related to the disputed tax amount. The scheme aimed to reduce litigation and provide a quick resolution to long-pending tax disputes.

Appellant’s Request for Withdrawal

On December 18, 2020, the appellant’s counsel, Ms. Soumya Jain, submitted a request via email to withdraw the appeal. The reason for the withdrawal was that the appellant had opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020. The counsel also provided a certificate under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020, which confirmed that the appellant had fulfilled the necessary requirements under the scheme.

Respondent’s Position

The respondent, represented by Senior DR Shri M. Barnwal, had no objection to the appellant’s request for withdrawal. The respondent acknowledged the appellant’s decision to settle the dispute under the Vivad Se Vishwas Scheme and agreed to the withdrawal of the appeal.

Tribunal’s Decision

The ITAT Delhi F Bench, after considering the request for withdrawal and the respondent’s non-objection, accepted the appellant’s request. The Tribunal noted that the appellant had chosen to resolve the dispute through the Vivad Se Vishwas Scheme, which provided a beneficial settlement option for taxpayers. As a result, the appeal was dismissed as withdrawn.

The Tribunal’s decision was announced during the virtual hearing on December 23, 2020, in the presence of both parties. The case was officially closed following the appellant’s withdrawal under the Vivad Se Vishwas Scheme.

Conclusion

The case of Subhash Chander Goyal (HUF) vs. ITO Ward-42(1), New Delhi, highlights the effectiveness of the Vivad Se Vishwas Scheme, 2020, in resolving long-pending tax disputes. The appellant’s decision to withdraw the appeal under the scheme demonstrates the scheme’s appeal to taxpayers seeking a quick and amicable resolution to their tax disputes.

With the dismissal of the appeal, the appellant’s tax dispute for the assessment year 2014-15 was effectively settled, bringing an end to the litigation. The Tribunal’s acceptance of the withdrawal underscores the importance of such dispute resolution schemes in reducing the burden of litigation on both taxpayers and the tax authorities.

Keywords: ITAT, Income Tax Appellate Tribunal, Subhash Chander Goyal, Vivad Se Vishwas Scheme, Assessment Year 2014-15, Tribunal Order, Tax Dispute Resolution

Subhash Chander Goyal (HUF) vs. ITO Ward-42(1), New Delhi – Assessment Year 2014-15 – Vivad Se Vishwas Scheme Withdrawal