Amit Jain vs ITO: Settlement of Tax Dispute under Vivad Se Vishwas Scheme for AY 2011-12

Amit Jain vs ITO: Settlement of Tax Dispute under Vivad Se Vishwas Scheme for AY 2011-12

Case Number: ITA 6304/DEL/2019

Appellant: Amit Jain, New Delhi

Respondent: Income Tax Officer, Ward-2(4), New Delhi

Assessment Year: 2011-12

Order Type: Final Tribunal Order

Date of Order: April 15, 2021

Pronounced On: April 15, 2021

Case Filed On: July 26, 2019

Background and Proceedings

This case involves Amit Jain’s appeal against the order of the CIT(A)-I, New Delhi dated May 24, 2019. The appeal was for the assessment year 2011-12, concerning discrepancies in tax calculations.

Decision to Settle

The hearing, held via video conferencing due to the COVID-19 pandemic, did not see any appearance by Amit Jain. Instead, he opted to resolve the dispute under the Vivad Se Vishwas Scheme, 2020, which aims to mitigate ongoing litigation in direct taxes. A certificate under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020, was submitted confirming his decision to settle.

Tribunal’s Decision

The tribunal, after reviewing the submissions and the absence of objections from the Senior Departmental Representative, accepted Jain’s request to withdraw the appeal. Consequently, the tribunal dismissed the appeal, marking the case as settled under the scheme.

Conclusion

This case highlights the effectiveness of alternative dispute resolution mechanisms like the Vivad Se Vishwas Scheme in resolving long-standing tax disputes. It also reflects on the judiciary’s adaptation to virtual hearings amidst the pandemic.

Amit Jain vs ITO: Settlement of Tax Dispute under Vivad Se Vishwas Scheme for AY 2011-12