Dhruv Madan vs. DCIT Central Circle-16: Appeal Withdrawn Under Vivad Se Vishwas Scheme for AY 2012-13

Dhruv Madan vs. DCIT Central Circle-16: Appeal Withdrawn Under Vivad Se Vishwas Scheme for AY 2012-13

Case Number: ITA 6560/DEL/2019
Assessment Year: 2012-13
Filed Date: 2019-08-07
Order Date: 2020-12-23
Pronounced On: 2020-12-23

Background:

The case involves an appeal filed by Dhruv Madan, a resident of New Delhi, against the Deputy Commissioner of Income Tax (DCIT), Central Circle-16, New Delhi, for the assessment year 2012-13. The appeal was lodged following an order passed by the Commissioner of Income Tax (Appeals)-XXVI, New Delhi, on June 13, 2019.

Why the Case Was Filed:

Dhruv Madan filed the appeal to challenge the assessment order for the year 2012-13. However, during the pendency of the appeal, the assessee opted to resolve the dispute under the Vivad Se Vishwas (VSV) Scheme, 2020, which was introduced by the Government of India to settle tax disputes. The scheme allows taxpayers to pay a determined amount to settle their tax disputes, with the assurance that no further interest or penalties will be imposed.

Tribunal’s Findings:

1. Application Under Vivad Se Vishwas Scheme:

The appellant, through his representative, Sh. Tarun Kumar Batra, C.A., informed the Income Tax Appellate Tribunal (ITAT) that he had filed a declaration (Form-1) and undertaking (Form-2) under the Vivad Se Vishwas Scheme, 2020. The approval for the same was pending at the time of the hearing. In light of this, the appellant requested to withdraw the appeal.

2. Revenue’s Response:

The Senior Departmental Representative (DR), Sh. Prakash Dubey, had no objection to the withdrawal of the appeal by the assessee under the VSV Scheme.

3. Tribunal’s Decision:

The ITAT Bench, consisting of Sh. Bhavnesh Saini, Judicial Member, and Sh. Anil Chaturvedi, Accountant Member, considered the request made by the appellant and allowed the withdrawal of the appeal. However, the Tribunal added a caveat that if the dispute relating to tax arrears for the assessment year 2012-13 is not ultimately resolved under the VSV Scheme, the appellant has the liberty to approach the Tribunal to reinstitute the appeal. The Tribunal assured that such an application would be considered appropriately as per the law.

Conclusion:

The appeal filed by Dhruv Madan was dismissed as withdrawn in light of the pending resolution under the Vivad Se Vishwas Scheme, 2020. The Tribunal’s decision allows the appellant to reinstitute the appeal if the VSV Scheme does not resolve the dispute.

Order Pronounced in Open Court: 23rd December 2020

Bench: Sh. Bhavnesh Saini, Judicial Member, and Sh. Anil Chaturvedi, Accountant Member

Dhruv Madan vs. DCIT Central Circle-16: Appeal Withdrawn Under Vivad Se Vishwas Scheme for AY 2012-13