Case Number: ITA 5048/DEL/2019
Appellant: Utkrisht Realcon Private Limited, New Delhi
Respondent: ITO Ward-27(2), New Delhi
Assessment Year: 2016-17
Result: Final Tribunal Order
Case Filed On: 2019-05-31
Date of Order: 2021-03-12
Pronounced On: 2021-03-12
This appeal was filed by the assessee, Utkrisht Realcon Private Limited, against the order dated 11th April, 2019 passed by the learned Commissioner of Income-tax (Appeals)-9, New Delhi, pertaining to the assessment year 2016-17. The primary issue in dispute was the assessment order and the related tax arrears for the said assessment year.
The appeal was based on the following grounds:
At the outset, the appellant, Utkrisht Realcon Private Limited, had requested for the withdrawal of the appeal. The appellant had opted for the Vivad se Vishwas Scheme, 2020, to settle the tax arrears for the assessment year under consideration. The appellant had submitted a letter dated 27th January, 2021, indicating their intention to withdraw the appeal and provided a certificate under Section 5(1) of The Direct Tax Vivad se Vishwas Act, 2020, confirming the settlement of the tax dispute.
Learned Senior DR, Shri M. Baranwal, had no objection to the request made by the appellant.
The tribunal, upon reviewing the submissions, noted that the appellant had settled the disputed tax liability under the Vivad se Vishwas Scheme and received the necessary certificate. Given the absence of any objection from the Revenue and in the interest of justice, the tribunal allowed the request for withdrawal of the appeal.
In conclusion, the appeal was dismissed as withdrawn. The order was pronounced in open court on 12th March, 2021.
This case underscores 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 permit the withdrawal of the appeal under the Vivad se Vishwas Scheme reflects the effectiveness of the scheme in resolving tax disputes. It highlights 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.
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