Tushar Khanna vs ITO: Withdrawal of Appeal under Vivad Se Vishwas Scheme for AY 2009-10

Tushar Khanna vs ITO: Withdrawal of Appeal under Vivad Se Vishwas Scheme for AY 2009-10

The Income Tax Appellate Tribunal (ITAT) Delhi Bench ‘SMC-1’, in the case of Tushar Khanna, New Delhi vs ITO, Ward-50(3), New Delhi, adjudicated the appeal filed by the appellant for the assessment year 2009-10. The case was heard and the final order was pronounced on March 8, 2021, through video conferencing.

The appeal, registered under ITA No. 6474/DEL/2019, was initially filed by the appellant, Sh. Tushar Khanna, against the order of the Commissioner of Income Tax (Appeals)-17, New Delhi, dated May 31, 2019. The appeal concerned a tax dispute related to the assessment year 2009-10.

Filing of the Appeal and Subsequent Developments

Following the filing of the appeal, the appellant’s counsel, Sh. Ashish Goel, submitted a request to withdraw the appeal via a letter dated March 4, 2021. The request was made as the appellant had opted to settle the tax dispute under the Direct Tax Vivad Se Vishwas Scheme, 2020.

The Vivad Se Vishwas Scheme, introduced by the Government of India, provides taxpayers with an opportunity to settle their tax disputes by paying the disputed tax amount and receiving immunity from interest, penalties, and prosecution. Under this scheme, taxpayers can resolve their pending disputes with the Income Tax Department and obtain a final settlement certificate.

The appellant, Sh. Tushar Khanna, availed of this scheme and obtained a certificate under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020, confirming the settlement of the dispute for the assessment year under consideration.

Proceedings Before the ITAT

During the hearing held on March 8, 2021, the Senior Departmental Representative (DR), Ms. Shivani Bansal, raised no objections to the withdrawal request submitted by the appellant. Consequently, the tribunal, comprising Shri R.K. Panda, Accountant Member, and Ms. Suchitra Kamble, Judicial Member, accepted the withdrawal request.

The tribunal’s decision was based on the appellant’s successful settlement under the Vivad Se Vishwas Scheme, 2020, which effectively resolved the tax dispute in question. The tribunal dismissed the appeal as withdrawn, acknowledging the settlement certificate issued to the appellant.

Conclusion

The case of Tushar Khanna vs ITO serves as a noteworthy example of the benefits provided by the Vivad Se Vishwas Scheme, 2020. The scheme has enabled taxpayers to settle long-pending tax disputes amicably, without the need for prolonged litigation.

The decision to withdraw the appeal under this scheme reflects the appellant’s preference for a swift and conclusive resolution of the tax dispute. The tribunal’s acceptance of the withdrawal underscores the effectiveness of the scheme in reducing the burden of litigation on both taxpayers and the Income Tax Department.

This judgment, pronounced on March 8, 2021, marks the successful conclusion of the tax dispute for the assessment year 2009-10, allowing the appellant to move forward without the lingering uncertainty of pending litigation.

Tushar Khanna vs ITO: Withdrawal of Appeal under Vivad Se Vishwas Scheme for AY 2009-10