Introduction
This document provides a comprehensive overview of the tax appeal case between Braham Singh Chauhan and the Income Tax Officer, Ward 62(1), Delhi concerning the assessment year 2014-15. The case highlights the procedural developments and the final judgment pronounced through virtual hearing.
Background
Braham Singh Chauhan, the appellant, contested the order of the learned Commissioner of Income Tax (Appeals)-20, New Delhi, dated 7th December 2018. The appeal pertained to disagreements over tax assessments for the fiscal year 2014-15.
Proceedings Overview
The appeal was conducted through video conferencing under the bench of Shri G.S. Pannu, Vice President, and Shri K. Narasimha Chary, Judicial Member. Despite the opportunity for a hearing, no representative for Braham Singh Chauhan appeared. The counsel for the appellant, via a letter dated 22nd December 2020, informed the tribunal that the appellant had opted to settle the dispute under the Vivad Se Vishwas Act, 2020, and requested the withdrawal of the appeal.
Judgment and Conclusion
The Tribunal, acknowledging the absence of any contest from the appellant and the resolution under the Vivad Se Vishwas Act, consigned the appeal to records, effectively treating it as dismissed. However, a caveat was added stating that if the dispute related to the tax arrears for the assessment year 2014-15 is not ultimately resolved under the said Act, the appellant retains the right to reinstitute the appeal. This decision ensures that the appellant can seek legal recourse if the settlement does not proceed as planned.
Implications
This case underscores the Tribunal’s support for the Vivad Se Vishwas Act as a mechanism to resolve tax disputes efficiently. It also reflects on the judicial willingness to allow appellants to withdraw their appeals in favor of settlement under the designed legal frameworks.