Case Number: ITA 450/DEL/2019
Appellant: Praveen Somani, New Delhi
Respondent: DCIT, Circle-62(1), New Delhi
Assessment Year: 2015-16
Case Filed On: 2019-01-22
Order Type: Final Tribunal Order
Date of Order: 2021-12-01
Pronounced On: 2021-12-01
The case of Praveen Somani vs DCIT Circle-62(1) pertains to the assessment year 2015-16 and revolves around the application of the Vivad Se Vishwas Scheme (VSV) 2020 for the withdrawal of the appeal. The appeal was initially filed by the assessee, Praveen Somani, challenging the order dated 17.12.2018 of the Commissioner of Income Tax (Appeals)-20, New Delhi.
Shri Praveen Somani, the appellant, had filed an appeal before the Income Tax Appellate Tribunal (ITAT) against the order of the Commissioner of Income Tax (Appeals)-20, New Delhi. The case was selected for scrutiny for the assessment year 2015-16, and during the assessment proceedings, various issues were raised and contested by the assessee.
The appellant, Praveen Somani, decided to opt for the Vivad Se Vishwas (VSV) Scheme 2020, which is a dispute resolution scheme introduced by the Indian government to settle pending tax disputes. Under this scheme, the assessee filed the necessary declaration (Form-1) and undertaking (Form-2), and the department issued Form-3. Consequently, the appellant requested to withdraw the appeal, to which the Revenue had no objection.
The respondent, DCIT Circle-62(1), New Delhi, represented by Shri Kanv Bali, Sr. D.R., had no objection to the withdrawal of the appeal by the appellant under the Vivad Se Vishwas Scheme.
The ITAT, considering the request made by the assessee and the fact that the appellant had opted for the Vivad Se Vishwas Scheme, decided to dismiss the appeal as withdrawn. However, the Tribunal provided a caveat that if the dispute relating to tax arrears for the captioned assessment year is not resolved under the scheme, the assessee would be at liberty to approach the Tribunal for reinstitution of the appeal, and the Tribunal would consider such an application appropriately as per law.
The Tribunal noted that the Vivad Se Vishwas Scheme was introduced to provide a quick and efficient resolution of pending tax disputes. By opting for the scheme, the appellant aimed to settle the dispute amicably and avoid prolonged litigation.
The ITAT’s decision to dismiss the appeal of Praveen Somani vs DCIT Circle-62(1) as withdrawn under the Vivad Se Vishwas Scheme highlights the effectiveness of the scheme in resolving pending tax disputes. The ruling underscores the importance of alternative dispute resolution mechanisms in reducing litigation and providing timely justice to taxpayers.
This decision has significant implications for taxpayers seeking to resolve their pending disputes through the Vivad Se Vishwas Scheme. It demonstrates the Tribunal’s support for such schemes and encourages taxpayers to opt for alternative dispute resolution mechanisms to settle their disputes efficiently.
The ITAT’s decision in this case provides valuable guidance on the application of the Vivad Se Vishwas Scheme and the process for withdrawing appeals under the scheme. It highlights the benefits of opting for dispute resolution schemes and the potential for a swift resolution of tax disputes, promoting a more efficient and taxpayer-friendly system.
Praveen Somani vs DCIT Circle-62(1): Vivad Se Vishwas Scheme – ITA 450/DEL/2019
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