Surendra Kumar Gupta (HUF) vs. ACIT: Settlement under Vivad Se Vishwas Scheme for AY 2014-15

Surendra Kumar Gupta (HUF) vs. ACIT: Settlement under Vivad Se Vishwas Scheme for AY 2014-15

Case Number: ITA 6298/DEL/2019

Appellant: Surendra Kumar Gupta (HUF), New Delhi

Respondent: Assistant Commissioner of Income Tax, Circle Najibabad

Assessment Year: 2014-15

Order Type: Final Tribunal Order

Date of Order: May 28, 2021

Pronounced On: May 28, 2021

Case Filed On: July 26, 2019

Tribunal Bench: Delhi Bench A: New Delhi

Judges: Shri G.S. Pannu (Vice President) and Shri Amit Shukla (Judicial Member)

Background of the Case

The appellant, Surendra Kumar Gupta (HUF) from New Delhi, filed an appeal against the Assistant Commissioner of Income Tax, Circle Najibabad, for the assessment year 2014-15. The appeal challenged the order passed by the Commissioner of Income Tax (Appeals)-Moradabad, dated June 10, 2019.

Reason for Filing the Appeal

The appeal was initiated by Surendra Kumar Gupta (HUF) to contest the tax assessments and adjustments made by the Income Tax Department, which affected his declared income and tax liabilities for the year 2014-15.

Assessment Proceedings and Settlement

During the proceedings, the appellant opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020. This scheme was introduced by the Government of India to reduce litigation and allow taxpayers to settle their disputes by paying a calculated amount, thereby receiving immunity from further litigation.

A certificate under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 was submitted by the appellant, confirming the settlement of the tax arrears for the year under dispute.

Outcome of the Appeal

Given the settlement under the Vivad Se Vishwas Scheme, the tribunal accepted the request for the withdrawal of the appeal. The learned Senior DR had no objection to the withdrawal, leading to the dismissal of the appeal as withdrawn.

Final Order

The final order was pronounced by Shri Amit Shukla and Shri G.S. Pannu, who constituted the bench. The decision to dismiss the appeal followed the confirmation of the settlement under the scheme, effectively resolving the dispute amicably and conclusively.

Conclusion

The case of Surendra Kumar Gupta (HUF) vs. ACIT for the assessment year 2014-15 illustrates the efficacy of the Vivad Se Vishwas Scheme in resolving tax disputes. By opting for this scheme, the appellant was able to settle the dispute without prolonged litigation. The successful settlement of this appeal highlights the benefits of the scheme in reducing litigation, simplifying the tax compliance process, and providing a faster resolution of disputes. This case serves as an example for other taxpayers considering similar dispute resolution pathways.

Surendra Kumar Gupta (HUF) vs. ACIT: Settlement under Vivad Se Vishwas Scheme for AY 2014-15