This document provides a comprehensive overview of the withdrawal of the tax assessment appeal by Nitin Gupta for the assessment year 2014-15, which was processed under the Vivad Se Vishwas Scheme. This case, held at the Income Tax Appellate Tribunal Delhi Bench ‘E’, underscores the procedural aspects and implications of the scheme on the resolution of tax disputes.
Nitin Gupta, the appellant, was involved in a tax dispute for the assessment year 2014-15, under ITA No. 1552/Del./2019. The case was presided over by Judicial Member Sh. H.S. Sidhu and Accountant Member Sh. Anadee Nath Misshra.
The appellant opted for the Vivad Se Vishwas Scheme, which is designed to provide a resolution mechanism for pending tax disputes. The scheme allows for the settlement of disputes without additional litigation, offering taxpayers a platform to clear their tax dues with certain waivers on interest and penalties.
The appeals for the years 2014-15 and 2015-16 were consolidated and addressed together for convenience. During the proceedings, it was revealed that the appellant was awaiting Form No. 3, which would finalize the settlement terms under the scheme. Subsequently, the appellant’s counsel informed the tribunal of their intention to withdraw the appeals, contingent on the successful settlement under the scheme.
The withdrawal of the appeal signifies compliance with the new dispute resolution framework introduced by the government, aiming to reduce litigation in tax matters and provide a straightforward mechanism for resolving disputes. This case serves as a precedent for other taxpayers considering the scheme as a viable option for settling disputes.
This case not only highlights the functionality of the Vivad Se Vishwas Scheme but also reflects on the judicial approach towards facilitating easier resolution of tax disputes. The tribunal’s decision to allow withdrawal of the appeal, subject to the settlement under the scheme, aligns with the broader goals of reducing pending cases and promoting a tax-friendly environment.
Date of Order Pronouncement: October 28, 2020
Manage the increasing number of hearings effortlessly by leveraging the legal AI revolution We are India's Leading revolutionary AI-powered legal platform where you can get enough insights into top cases and judgements.
Research Platform