Case Number: ITA 433/DEL/2019
Appellant: Bishwanath Gems and Jewels P. Ltd., Delhi
Respondent: ITO, Ward-5(1), New Delhi
Assessment Year: 2010-11
Case Filed On: 2019-01-21
Order Type: Final Tribunal Order
Date of Order: 2021-04-05
Pronounced On: 2021-04-05
Bishwanath Gems and Jewels Private Limited, based in Delhi, filed an appeal against the order of the Commissioner of Income-tax (Appeals)-2, New Delhi, concerning the assessment year 2010-11. The appeal was initially filed to challenge the tax arrears and related disputes.
The case was heard by the Delhi “SMC-1” Bench of the Income Tax Appellate Tribunal (ITAT) through video conferencing, with Shri Kul Bharat, Judicial Member, presiding. The appellant was represented by Shri Deepak Malik, Advocate, while the respondent was not represented.
The main issues raised in this appeal were:
The Tribunal noted that the appellant, through a letter dated 01.04.2021 received via email, requested the withdrawal of the appeal, stating that they had opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the Vivad Se Vishwas Scheme, 2020. The appellant also submitted a certificate under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020, confirming the settlement.
Given these submissions, the Tribunal accepted the request for withdrawal of the appeal.
The Tribunal dismissed the appeal filed by Bishwanath Gems and Jewels Private Limited as withdrawn, following the appellant’s decision to resolve the tax dispute under the Vivad Se Vishwas Scheme, 2020. This decision was announced on the conclusion of the virtual hearing on 5th April 2021.
This case underscores the procedural aspects of withdrawing an appeal under the Vivad Se Vishwas Scheme, 2020. The scheme, introduced by the government, aims to reduce litigation and settle tax disputes amicably. Taxpayers opting for this scheme can resolve their tax disputes by paying the disputed tax amount, thereby avoiding prolonged litigation.
The Tribunal’s decision to allow the withdrawal of the appeal under this scheme demonstrates its role in facilitating the settlement of tax disputes, ensuring that taxpayers can take advantage of government initiatives aimed at reducing litigation.
The outcome of this case sets a precedent for similar cases where taxpayers may seek to withdraw their appeals under the Vivad Se Vishwas Scheme, 2020. It highlights the importance of adhering to procedural requirements and the willingness of the Tribunal to support government initiatives aimed at reducing tax litigation.
For more information on similar cases and legal precedents, visit the official website of the Income Tax Appellate Tribunal of India.
Bishwanath Gems and Jewels vs ITO: Case Withdrawal Under Vivad Se Vishwas Scheme – ITA 433/DEL/2019
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