Case Number: ITA 3725/DEL/2019
Appellant: Deepak Gambhir, New Delhi
Respondent: ACIT Central Circle-19, New Delhi
Assessment Year: 2015-16
Result: Appeal Dismissed
Case Filed On: April 29, 2019
Order Type: Final Tribunal Order
Date of Order: February 19, 2021
Pronounced On: February 19, 2021
Tribunal Bench: Delhi Bench ‘F’, New Delhi (Through Video Conferencing)
Members: Shri R.K. Panda (Accountant Member) and Shri K. Narsimha Chary (Judicial Member)
The case of Deepak Gambhir vs. ACIT Central Circle-19, New Delhi, revolves around the appellant’s decision to withdraw his appeal and settle the tax dispute under the Vivad Se Vishwas Scheme, 2020. This case, registered under ITA 3725/DEL/2019, pertains to the assessment year 2015-16. The final tribunal order, issued on February 19, 2021, provides a detailed account of the proceedings and the reasons behind the appeal’s dismissal.
The appellant, Deepak Gambhir, a resident of New Delhi, filed an appeal against the order of the Commissioner of Income Tax (Appeals), New Delhi, dated March 20, 2019. The appellant contested the assessment made by the Assistant Commissioner of Income Tax (ACIT) Central Circle-19, New Delhi, for the assessment year 2015-16.
The hearing was conducted virtually on February 19, 2021. The appellant was represented by Ms. Soumya Jain, C.A., while the respondent was represented by Shri M. Baranwal, Senior Departmental Representative (Sr. DR).
During the virtual hearing, the appellant’s counsel submitted a letter dated February 15, 2021, requesting the withdrawal of the appeal. The letter stated that the appellant had opted to settle the tax arrears dispute for the assessment year under consideration under the Vivad Se Vishwas Scheme, 2020. A certificate under section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020, was also submitted as evidence of the settlement.
The Senior Departmental Representative, Shri M. Baranwal, raised no objection to the withdrawal request submitted by the appellant.
The tribunal, comprising Shri R.K. Panda and Shri K. Narsimha Chary, reviewed the appellant’s request and the certificate submitted. Given the appellant’s decision to settle the dispute under the Vivad Se Vishwas Scheme, the tribunal accepted the withdrawal request and dismissed the appeal.
The final order pronounced on February 19, 2021, marks the dismissal of the appeal filed by Deepak Gambhir. The tribunal’s acceptance of the withdrawal request underscores the efficacy of the Vivad Se Vishwas Scheme in resolving tax disputes efficiently. The decision was pronounced on the same day as the hearing, highlighting the prompt resolution of the case.
The following summary outlines the key points of the tribunal’s order:
This case exemplifies the effectiveness of the Vivad Se Vishwas Scheme in providing a resolution framework for taxpayers seeking to settle disputes amicably and avoid prolonged litigation.
The Vivad Se Vishwas Scheme, 2020, introduced by the Indian government, aims to reduce litigation in direct taxes. By offering a settlement mechanism, the scheme encourages taxpayers to resolve disputes by paying due taxes with a waiver of interest and penalties. The successful implementation of this scheme in the case of Deepak Gambhir highlights its significance in the Indian tax system.
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI (Through Video Conferencing) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI K.N. CHARY, JUDICIAL MEMBER ITA No.9460/Del/2019 Assessment Year: 2011-12 ITA No.3725/Del/2019 Assessment Year: 2015-16 Deepak Gambhir, 6B/8, NEA, Old Rajinder Nagar, New Delhi-110060 PAN: AAKPG2768D Vs. ACIT, Central Circle-19, New Delhi. (Appellant) (Respondent) Appellant by: Ms. Soumya Jain, C.A. Respondent by: Shri M. Baranwal, Sr. DR Date of hearing: 19.02.2021 Date of pronouncement: 19.02.2021 ORDER PER R.K. PANDA, AM: These appeals by the assessee for the assessment years 2011-12 and 2015-16 are directed against the order of learned CIT(A), New Delhi dated 04.11.2019 and 20.03.2019 respectively. 2. Learned counsel for the assessee, vide its letter dated 15.02.2021, received through email, has requested for withdrawal of the appeals filed by him and stated that the assessee has opted to settle the dispute relating to the tax arrears for the assessment years 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 has also been filed. 3. Learned Senior DR has no objection. 4. In view of the above, we accept the request of the assessee. 5. In the result, the appeals of the assessee are dismissed. Above decision was announced on conclusion of Virtual Hearing in the presence of both the parties on 19.02.2021. Sd/- Sd/- (K.N. CHARY) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER sh Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT By Order Assistant Registrar
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