Rohit Gupta vs. ITO, Faridabad: Settlement Under Vivad Se Vishwas for AY 2011-12

Introduction

The case between Rohit Gupta, proprietor of M/s Rohit Traders, and the Income Tax Officer (ITO), Ward-2(2), Faridabad, pertains to the assessment year 2011-12. The case was notably settled under the Direct Tax Vivad se Vishwas Act 2020, showcasing a strategic move towards resolving disputes without protracted litigation.

Case Background

Rohit Gupta filed an appeal against the order of the Commissioner of Income Tax (Appeals), Faridabad, dated May 31, 2019. However, the significant turn in the proceedings came when Gupta opted to resolve the dispute under the recently implemented Vivad se Vishwas Act.

Settlement Under Vivad se Vishwas

During the proceedings, Gupta’s legal representative highlighted that the appellant had engaged with the Vivad se Vishwas scheme, submitting the required Forms 1 and 2, and subsequently receiving Form 3 from the designated authority. This move was aimed at reducing litigation and facilitating a peaceful resolution of tax disputes.

Tribunal’s Decision

The bench, comprising Judicial Member Bhavnesh Saini and Accountant Member Dr. B. R. R. Kumar, acknowledged the steps taken by Gupta under the scheme and recognized the progress towards settlement. Consequently, the appeal was dismissed as infructuous, given that the dispute was being resolved through the Vivad se Vishwas scheme, effectively rendering the ongoing litigation unnecessary.

Conclusion

This case underscores the effectiveness of the Vivad se Vishwas scheme as a pragmatic approach to dispute resolution, allowing taxpayers to settle outstanding disputes without further legal proceedings. The decision not only expedited the resolution process but also alleviated the burden on the judiciary.

By opting for this scheme, Rohit Gupta was able to conclude his long-standing tax dispute in a manner that was both expedient and favorable, highlighting a significant shift towards more collaborative forms of legal resolution in the realm of tax litigation.

Rohit Gupta vs. ITO, Faridabad: Settlement Under Vivad Se Vishwas for AY 2011-12