Case Number: ITA 5051/DEL/2019
Appellant: Trehan Home Developers Pvt. Ltd., New Delhi
Respondent: ACIT, Range-25, New Delhi
Assessment Year: 2014-15
Result: Final Tribunal Order
Case Filed On: 2019-05-31
Date of Order: 2021-03-17
Pronounced On: 2021-03-17
This appeal was filed by Trehan Home Developers Pvt. Ltd. against the order dated 25.03.2019 passed by the learned Commissioner of Income-tax (Appeals)-28, New Delhi, for the assessment year 2014-15. The appellant contested the assessment order and the related tax liabilities.
The appeal was based on the following grounds:
During the virtual hearing on 17.03.2021, none appeared on behalf of the appellant. However, the appellant had submitted a letter via email dated 13.03.2021, requesting the withdrawal of the appeal. The appellant stated that they had opted to settle the tax dispute for the assessment year under consideration under the Vivad se Vishwas Scheme, 2020, and had obtained a certificate under Section 5(1) of The Direct Tax Vivad se Vishwas Act, 2020.
Learned Senior DR, Sh. M. Baranwal, had no objection to the appellant’s request for withdrawal of the appeal.
The tribunal, upon reviewing the submissions, noted the appellant’s request to withdraw the appeal under the Vivad se Vishwas Scheme. Given the absence of any objection from the Revenue and in the interest of justice, the tribunal accepted the appellant’s request for withdrawal.
In conclusion, the appeal filed by Trehan Home Developers Pvt. Ltd. was dismissed as withdrawn. The order was pronounced in open court on 17.03.2021.
This case highlights the significance of the Vivad se Vishwas Scheme in facilitating the settlement of tax disputes, providing a structured resolution mechanism, and reducing litigation.
The tribunal’s decision to dismiss the appeal due to the appellant’s withdrawal under the Vivad se Vishwas Scheme reflects the effectiveness of the scheme in resolving tax disputes. It underscores the benefits of opting for such schemes, which offer a streamlined process for settling tax liabilities and reducing legal burdens.
Taxpayers should remain informed about available dispute resolution schemes and consider opting for them to resolve tax disputes efficiently. Tax authorities and legal professionals must continue to promote and facilitate the use of such schemes to ensure a fair and effective tax dispute resolution process.
In the broader context, this case is part of a larger effort by the Central Board of Direct Taxes (CBDT) to manage and reduce litigation. The Vivad se Vishwas Scheme aims to provide a comprehensive solution to settle tax disputes amicably, thus improving the efficiency of the tax administration system. The scheme offers taxpayers an opportunity to settle their tax disputes by paying a specified percentage of the disputed tax amount, thereby avoiding prolonged litigation.
The tribunal’s decision in this case aligns with several other precedents where similar appeals were withdrawn under the Vivad se Vishwas Scheme. This consistent application of the scheme’s guidelines highlights the judiciary’s support for administrative measures aimed at reducing litigation and enhancing the efficiency of the tax dispute resolution process.
In summary, the tribunal’s decision to dismiss the appeal filed by Trehan Home Developers Pvt. Ltd. against ACIT, Range-25, New Delhi, underscores the effectiveness of the Vivad se Vishwas Scheme in reducing unnecessary litigation. By opting for this scheme, taxpayers can achieve a quicker resolution to their tax disputes, thereby saving time and resources.
Taxpayers and tax professionals should take note of these developments and ensure compliance with the scheme’s guidelines to avoid unnecessary legal proceedings. The tribunal’s decision serves as a reminder of the importance of adhering to administrative measures designed to streamline the tax dispute resolution process.
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