Case Number: ITA 5431/DEL/2019
Appellant: Philco Exports Pvt Ltd, New Delhi
Respondent: ITO Ward-19(4), New Delhi
Assessment Year: 2011-12
Case Filed On: 2019-06-18
Order Type: Final Tribunal Order
Date of Order: 2020-07-24
Pronounced On: 2020-07-24
In the Income Tax Appellate Tribunal, Delhi Bench ‘A’, New Delhi, the case between Philco Exports Pvt Ltd, New Delhi, and the ITO Ward-19(4), New Delhi, was heard through video conferencing. The case pertains to the assessment year 2011-12.
The appellant, Philco Exports Pvt Ltd, filed an appeal against the order of the CIT(A)-7, New Delhi dated 8th May 2019. The appeal was preferred due to a dispute regarding the assessment for the year 2011-12.
On 22nd June 2020, the appellant requested permission to withdraw the appeal, stating that the dispute had been settled under the Vivad Se Vishwas Scheme, 2020. The Vivad Se Vishwas Scheme was introduced by the Government of India to resolve direct tax disputes efficiently and reduce the litigation burden. A certificate under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 was also filed to confirm the settlement.
Upon noting the contents of the application for withdrawal and considering the certificate filed, the tribunal decided to dismiss the appeal as withdrawn. The decision was announced in the virtual hearing on 24.07.2020.
The final judgment concluded with the following order:
“This appeal by the assessee for the assessment year 2011-12 is directed against the order of learned CIT(A)-7, New Delhi dated 8th May, 2019. Vide letter dated 22nd June, 2020, the assessee has requested for withdrawal of the appeal filed by it and stated that it has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under The Direct Tax Vivad Se Vishwas Scheme, 2020. Learned Senior DR has no objection. In view of the above, we accept the request of the assessee for withdrawal of the appeal. In the result, the appeal of the assessee is dismissed as withdrawn.”
— SHRI G.S. PANNU, VICE PRESIDENT
— SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER
The case between Philco Exports Pvt Ltd and ITO Ward-19(4), New Delhi, concluded with the withdrawal of the appeal under the Vivad Se Vishwas Scheme. This scheme has provided a mechanism for taxpayers to resolve their disputes amicably and avoid prolonged litigation.
This case highlights the importance of schemes like Vivad Se Vishwas in streamlining the process of dispute resolution and offering a beneficial alternative to the traditional legal route for tax-related disputes.
The successful resolution of this case underlines the efficiency and effectiveness of the Vivad Se Vishwas Scheme in addressing and settling tax disputes.
The withdrawal of the appeal marks the end of this particular legal battle, demonstrating the taxpayer’s willingness to comply with the scheme and the government’s initiative to reduce litigation.
The tribunal’s order ensures that the principles of justice and fairness are upheld while providing a practical solution for dispute resolution.
The case of Philco Exports Pvt Ltd serves as an example for other taxpayers to consider alternative dispute resolution mechanisms offered by the government, potentially saving time, resources, and the burden of prolonged legal proceedings.
As a result of this withdrawal, the taxpayer can now move forward without the uncertainty of ongoing litigation, reflecting a positive outcome for both the taxpayer and the tax authorities.
The Vivad Se Vishwas Scheme continues to play a pivotal role in resolving tax disputes, offering a clear and efficient path to resolution.
The tribunal’s acceptance of the withdrawal request under the scheme further reinforces the scheme’s validity and utility in the Indian tax system.
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