This case summary discusses the withdrawal of the appeal by Moj Exports Pvt. Ltd. against the ITO Ward 5(4), New Delhi, for the assessment year 2010-11, under the Vivad Se Vishwas Scheme, 2020. The appeal was filed on May 27, 2019, and the final order was pronounced on March 30, 2021.
Moj Exports Pvt. Ltd. filed an appeal against the assessment order passed by the CIT(A)-37, New Delhi. The appeal was in relation to the assessment year 2010-11. The primary contention in the appeal was regarding certain tax arrears assessed by the Income Tax Department.
The Vivad Se Vishwas Scheme, introduced by the Indian government in 2020, aims to provide a mechanism for taxpayers to settle their pending disputes with the Income Tax Department. The scheme offers taxpayers the opportunity to pay their tax dues with a complete waiver of interest and penalties, provided the payment is made by the stipulated deadline.
The case was heard through video conferencing due to the ongoing COVID-19 pandemic. On the date of the hearing, no representative from Moj Exports Pvt. Ltd. appeared before the tribunal. However, a letter from the Assessee’s Authorized Representative (A.R.) was submitted, requesting the withdrawal of the appeal. The letter stated that Moj Exports Pvt. Ltd. had opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020.
The A.R. also submitted a certificate under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020, confirming that the assessee had chosen to avail the benefits of the scheme.
The tribunal, comprising Vice President Shri G.S. Pannu and Judicial Member Shri Kul Bharat, accepted the request for withdrawal. The Senior Departmental Representative (DR), Sh. M. Baranwal, had no objections to the withdrawal.
In the final order, the tribunal stated, “In view of the above, we accept the request of the assessee for withdrawal of the aforesaid appeal. In the result, the appeal of the assessee is dismissed as withdrawn.”
This decision was pronounced at the conclusion of the virtual hearing on March 30, 2021.
The withdrawal of the appeal by Moj Exports Pvt. Ltd. under the Vivad Se Vishwas Scheme underscores the effectiveness of the scheme in resolving tax disputes amicably. By opting for this scheme, the company was able to settle its tax arrears without further litigation, benefiting from the waiver of interest and penalties.
The Vivad Se Vishwas Scheme has been a significant step by the Indian government to reduce litigation and provide a timely resolution to tax disputes. This case serves as a positive example of how the scheme can be utilized by taxpayers to achieve a favorable outcome.
Overall, the decision to withdraw the appeal highlights the practical benefits of the Vivad Se Vishwas Scheme for both the taxpayers and the tax authorities, promoting a more efficient tax administration system.
Withdrawal of Appeal by Moj Exports Pvt. Ltd. Under Vivad Se Vishwas Scheme in ITA No. 4786/DEL/2019
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