Case Number: ITA 5426/DEL/2019
Appellant: Shiv Shakti Creations Pvt. Ltd., New Delhi
Respondent: ITO WARD-23(2), New Delhi
Assessment Year: 2007-08
Case Filed On: 2019-06-18
Order Type: Final Tribunal Order
Date of Order: 2021-02-23
Pronounced On: 2021-02-23
In the Income Tax Appellate Tribunal, Delhi Bench ‘SMC-2’, New Delhi, the case between Shiv Shakti Creations Pvt. Ltd., New Delhi, and the ITO Ward-23(2), New Delhi, was heard through video conferencing. The case pertains to the assessment year 2007-08.
The appellant, Shiv Shakti Creations Pvt. Ltd., filed an appeal against the order of the CIT(A)-8, New Delhi dated 02.05.2019. The appeal was preferred due to a dispute regarding the assessment for the year 2007-08.
On 17.02.2021, the appellant sought 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.
Upon noting the contents of the application for withdrawal, the tribunal decided to dismiss the appeal as withdrawn. The decision was announced in the open court in the presence of both representatives on 23.02.2021.
The final judgment concluded with the following order:
“This appeal filed by the assessee is preferred against the order of the CIT(A)-8, New Delhi dated 02.05.2019 for the assessment year 2007-08. Vide letter dated 17.02.2021, the assessee sought permission to withdraw the appeal as the dispute has been settled under the Vivad Se Vishwas Scheme, 2020. Noting the contents of the application, the appeal is dismissed as withdrawn. Decision announced in the open court in the presence of both the representatives on 23.02.2021.”
— SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER
— MS. SUCHITRA KAMBLE, JUDICIAL MEMBER
The case between Shiv Shakti Creations Pvt. Ltd. and ITO Ward-23(2), 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 Shiv Shakti Creations 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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