Case Number: ITA 751/DEL/2019
Appellant: Elkay Overseas India, New Delhi
Respondent: ACIT, Circle-40(1), New Delhi
Assessment Year: 2015-16
Result: Appeal Dismissed as Withdrawn
Case Filed On: February 1, 2019
Order Type: Final Tribunal Order
Date of Order: March 3, 2021
Pronounced On: March 3, 2021
The case ITA 751/DEL/2019 involves the appellant, Elkay Overseas India, challenging the assessment made by the respondent, ACIT, Circle-40(1), New Delhi, for the assessment year 2015-16. The appellant filed the case on February 1, 2019, and the final order was pronounced on March 3, 2021.
Elkay Overseas India, located in New Delhi, filed its income tax return for the assessment year 2015-16. The assessment made by the Assistant Commissioner of Income Tax (ACIT), Circle-40(1), New Delhi, was contested by the appellant. The case was brought before the Income Tax Appellate Tribunal (ITAT) for resolution.
During the virtual hearing, the appellant’s counsel did not appear. Instead, a letter dated February 25, 2021, was submitted via email requesting the withdrawal of the appeal. The letter stated that the appellant opted to settle the dispute under the “Vivad Se Vishwas Scheme, 2020”. A certificate under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020, confirming the settlement, was also filed.
The tribunal, comprising Vice President Shri G.S. Pannu and Judicial Member Shri Kul Bharat, reviewed the request for withdrawal. Key points from the tribunal’s findings include:
The tribunal accepted the request for withdrawal and dismissed the appeal accordingly. The decision underscores the effectiveness of the Vivad Se Vishwas Scheme, 2020, in facilitating the resolution of tax disputes outside the litigation framework.
Order Pronounced in the Open Court on 3rd March, 2021
Signatures:
(Kul Bharat, Judicial Member) (G.S. Pannu, Vice President)
Date: 03/03/2021
Copy forwarded to:
Assistant Registrar
ITA 751/DEL/2019: Elkay Overseas India vs ACIT, Circle-40(1), New Delhi – Assessment Year 2015-16
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