The Income Tax Appellate Tribunal (ITAT) Delhi Bench ‘SMC-2’ pronounced its judgment on the appeal filed by Biotech India Limited against the order of the Commissioner of Income Tax (Appeals)-33, New Delhi dated 28.02.2019. The case was heard by Shri Bhavnesh Saini, Judicial Member, and Shri O.P. Kant, Accountant Member, through video conferencing.
The appellant, Biotech India Limited, filed an appeal for the assessment year 2013-14 against the order of the CIT(A)-33, New Delhi. The appeal was registered as ITA No.5156/Del/2019. The appellant, located at F-0, Mira Corporate Suite, Plot No. 1 & 2, Main Mathura Road, Ishwar Nagar, New Delhi, contested the tax arrears determined by the Income Tax Officer, Ward-5(1), New Delhi.
On 13.01.2021, the learned counsel for the appellant, Shri B.K. Garg, requested the withdrawal of the appeal. The request was based on the appellant’s decision to settle the tax dispute under the Vivad Se Vishwas Scheme, 2020. The appellant had applied Form Nos. 1 and 2 for the scheme, with Form No. 3 still awaited.
The Senior Departmental Representative (DR), Shri S.S. Negi, did not object to the withdrawal request.
In light of the appellant’s request and the lack of objection from the Senior DR, the Tribunal accepted the withdrawal of the appeal. The Tribunal noted that if the dispute relating to tax arrears was not ultimately resolved under the Vivad Se Vishwas Scheme, 2020, the appellant could approach the Tribunal for the re-institution of the appeal. The Tribunal would then consider such an application as per law.
The appeal by Biotech India Limited for the assessment year 2013-14 was dismissed as withdrawn under the Vivad Se Vishwas Scheme. This case highlights the application of the Vivad Se Vishwas Scheme, 2020, which aims to resolve tax disputes amicably.
Order pronounced in the open court on 13th January 2021.
sd/- (BHAVNESH SAINI) JUDICIAL MEMBER
sd/- (O.P. KANT) ACCOUNTANT MEMBER
Date: 13/01/2021
RK/- (D.T.D.S.)
Copy forwarded to:
ASSISTANT REGISTRAR, ITAT, New Delhi
ITA 5156/DEL/2019: Appeal Withdrawal Under Vivad Se Vishwas Scheme
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