Case Number: ITA 435/DEL/2019
Appellant: Ayush Agarwal, New Delhi
Respondent: ITO, Ward-28(3), New Delhi
Assessment Year: 2014-15
Case Filed On: 2019-01-21
Order Type: Final Tribunal Order
Date of Order: 2020-12-23
Pronounced On: 2020-12-23
Ayush Agarwal, a resident of New Delhi, filed an appeal against the order of the learned CIT(A)-10, New Delhi, dated 19th December 2018, for the assessment year 2014-15. The case was heard by the Delhi ‘F’ Bench of the Income Tax Appellate Tribunal (ITAT) through video conferencing, with Shri G.S. Pannu, Vice President, and Shri Sudhanshu Srivastava, Judicial Member, presiding. The appellant was represented by Shri Prabhat Kumar, CA, while the respondent was represented by Shri M. Barnwal, Senior DR.
The appeal was directed against the assessment order passed by the ITO, Ward-28(3), New Delhi. The appellant sought relief from the additions made by the Assessing Officer under various sections of the Income-tax Act, 1961. However, during the course of the proceedings, the appellant opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020.
The Vivad Se Vishwas Scheme, 2020, was introduced by the Government of India to resolve pending tax disputes. Under this scheme, taxpayers can settle their disputes by paying a specified percentage of the disputed tax amount, thereby avoiding prolonged litigation.
On 15th December 2020, the appellant’s counsel submitted a request via email for the withdrawal of the appeal, stating that the appellant had opted to settle the tax arrears for the assessment year under consideration under the Vivad Se Vishwas Scheme, 2020. A certificate to this effect under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020, was also filed.
The Tribunal noted the appellant’s request for withdrawal of the appeal and the submission of the certificate under the Vivad Se Vishwas Scheme. The learned Senior DR raised no objection to the withdrawal request.
In view of the above, the Tribunal accepted the appellant’s request for withdrawal of the appeal. The appeal was dismissed as withdrawn. The decision was announced in the presence of both parties at the conclusion of the virtual hearing on 23rd December 2020.
This case highlights the effectiveness of the Vivad Se Vishwas Scheme, 2020, in resolving tax disputes. By opting for this scheme, the appellant was able to settle the dispute amicably and avoid further litigation. The Tribunal’s decision to accept the withdrawal request underscores the importance of alternative dispute resolution mechanisms in the tax administration system.
The resolution of this case under the Vivad Se Vishwas Scheme demonstrates the scheme’s potential to provide relief to taxpayers and reduce the burden on judicial authorities. It serves as a precedent for other taxpayers considering similar settlements under the scheme.
This case sets a positive example for taxpayers with pending disputes. It encourages them to take advantage of schemes like Vivad Se Vishwas to resolve their issues efficiently. The Tribunal’s decision reinforces the credibility of such schemes and their role in promoting a fair and expeditious resolution of tax disputes.
For more information on similar cases and legal precedents, visit the official website of the Income Tax Appellate Tribunal of India.
Ayush Agarwal vs ITO: Dispute Resolution under Vivad Se Vishwas Scheme – ITA 435/DEL/2019
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