This document provides a detailed analysis of the ITAT case ITA No. 3719/DEL/2019 for the assessment year 2015-16, involving appellant Kapish Gupta & Family (HUF), New Delhi, and respondent ITO Ward 38(3), New Delhi. The appeal addresses the withdrawal of the case based on the Vivad Se Vishwas Scheme, 2020.
Kapish Gupta & Family (HUF), the appellant, filed its return of income for the AY 2015-16, which was assessed by the ITO, Ward 38(3), New Delhi. The case was brought to the Income Tax Appellate Tribunal (ITAT) for further consideration by the appellant, focusing on the settlement of tax arrears under the Vivad Se Vishwas Scheme, 2020.
The appeal was filed by Kapish Gupta & Family (HUF) against the order dated 04.02.2019 passed by CIT(A), Delhi for the assessment year 2015-16. During the appellate proceedings, it was observed that the appellant sought to withdraw the appeal under the Vivad Se Vishwas Scheme, 2020.
The learned counsel for the appellant submitted a letter dated 01.02.2021, received by email, requesting the withdrawal of the appeal. The appellant opted to settle the dispute relating to 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, comprising Shri G.S. Pannu, Vice President, and Shri Kul Bharat, Judicial Member, heard the appeal. The tribunal noted the appellant’s request to withdraw the appeal due to the settlement under the Vivad Se Vishwas Scheme, 2020.
The tribunal accepted the appellant’s request for withdrawal, recognizing that the appellant had opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020. The members acknowledged the certificate filed under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020.
The ITAT concluded that the appeal filed by Kapish Gupta & Family (HUF) be dismissed as withdrawn due to the settlement under the Vivad Se Vishwas Scheme, 2020. The decision was announced in the open court on 30th March 2021 in the presence of both representatives.
In the result, the appeal of the appellant was dismissed as withdrawn. The order was pronounced in the open court on 30.03.2021.
This case highlights the effective use of the Vivad Se Vishwas Scheme, 2020 by the appellant to settle tax disputes. The tribunal’s adherence to the scheme’s guidelines demonstrates its commitment to resolving tax disputes efficiently and reducing litigation.
Case Review: Kapish Gupta & Family (HUF) vs ITO Ward 38(3), New Delhi – Assessment Year 2015-16
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