This article discusses the resolution of the tax dispute case ITA 210/DEL/2019 between Shivashish Exim Pvt. Ltd. and ITO Ward-23(2), New Delhi for the assessment year 2010-11, which concluded through the Vivad Se Vishwas Scheme. Filed on January 11, 2019, the final tribunal order was pronounced on November 20, 2020, via video conferencing.
The appeal was originally directed against the order of the CIT(A)-8, New Delhi dated November 26, 2018. Shivashish Exim Pvt. Ltd., a private entity based in East Punjabi Bagh, Delhi, faced discrepancies in tax calculations which led them to approach the tribunal for relief.
On November 2, 2020, the counsel for Shivashish Exim Pvt. Ltd. submitted a request for withdrawal of the appeal, indicating the company’s decision to settle the dispute under the Vivad Se Vishwas Scheme. This decision was supported by a certificate under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020. The Senior DR did not object to this withdrawal.
The decision to withdraw the appeal and settle under the Vivad Se Vishwas Scheme reflects a strategic move to resolve disputes efficiently and avoid prolonged litigation. This case serves as a significant example of how the scheme is intended to function, offering a mutually beneficial resolution to both the taxpayer and the government.
This case could influence how companies approach similar disputes, possibly encouraging more entities to consider settlement schemes as viable options to conventional litigation. The successful resolution under the Vivad Se Vishwas Scheme might lead to a decrease in the number of prolonged disputes and foster a more cooperative environment between taxpayers and the tax authorities.
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