Case Number: ITA 5411/DEL/2019
Appellant: Shri Niwas Leasing and Finance Ltd, New Delhi
Respondent: ITO, Ward-23(3), New Delhi
Assessment Year: 2006-07
Case Filed on: 2019-06-17
Order Type: Final Tribunal Order
Date of Order: 2021-01-11
Pronounced on: 2021-01-11
The case of Shri Niwas Leasing and Finance Ltd. versus ITO, Ward-23(3), New Delhi, pertains to the assessment year 2006-07. The appeal was filed by Shri Niwas Leasing and Finance Ltd on 17th June 2019 against an order dated 1st April 2019 passed by CIT(A)-8, New Delhi. The central issue in this case was the appellant’s interest in resolving a pending tax dispute through the Direct Tax Vivad se Vishwash Scheme (VSV) Act, 2020.
The appellant, Shri Niwas Leasing and Finance Ltd., had moved an application dated 2nd January 2021, expressing their intent to resolve the pending tax issue through the VSV scheme. The appellant had filed Declaration Forms No. 1 and 2 as required by the VSV Act, 2020. However, the authorities had not yet granted the Certificate in Form No. 3, which is necessary to finalize the dispute resolution under the VSV scheme. This lack of certification led the appellant to seek withdrawal of the appeal, subject to the condition that if the dispute was not resolved as per the VSV Act, they could reinstitute the appeal.
The case was heard through video conferencing on 11th January 2021 before a bench comprising of Shri R. K. Panda, Accountant Member, and Ms. Suchitra Kamble, Judicial Member. During the hearing, the appellant was represented by Sh. Piyush Kaushik, Advocate, and the respondent was represented by Sh. Ajay Kumar, Senior Departmental Representative.
In the course of the proceedings, the tribunal considered the submissions made by both parties. The appellant reiterated their intent to resolve the pending tax issue through the VSV scheme and cited the pending grant of the Certificate in Form No. 3 as the primary reason for seeking the withdrawal of the appeal.
After considering the facts and the submissions of the appellant, the tribunal decided to dismiss the appeal as withdrawn. However, they provided a caveat that if the dispute relating to the tax arrears for the assessment year 2006-07 was not ultimately resolved under the VSV Act, 2020, the appellant would have the liberty to approach the tribunal for reinstitution of the appeal.
The tribunal’s order was pronounced in the open court on 11th January 2021, in the presence of both parties.
The final judgment in the case of Shri Niwas Leasing and Finance Ltd. vs ITO, Ward-23(3), New Delhi, resulted in the dismissal of the appeal as withdrawn, with a provision for the appellant to reinstitute the appeal if the dispute was not resolved under the VSV Act, 2020. This case highlights the appellant’s attempt to utilize the Direct Tax Vivad se Vishwash Scheme to resolve pending tax disputes and the procedural aspects involved in such resolutions.
The order was pronounced in the open court on 11th January 2021, by the bench comprising of Shri R. K. Panda, Accountant Member, and Ms. Suchitra Kamble, Judicial Member. The presence of both parties during the pronouncement emphasized the transparency and procedural adherence in the tribunal’s decision-making process.
Order Date: 11th January 2021
Pronounced by: Shri R. K. Panda, Accountant Member, and Ms. Suchitra Kamble, Judicial Member
Assistant Registrar: ITAT New Delhi
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Shri Niwas Leasing and Finance Ltd, New Delhi vs ITO, Ward-23(3), New Delhi – Why the Case Was Filed
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