Case Number: ITA 5974/DEL/2019
Appellant: Sath Promoters & Developers Pvt. Ltd., New Delhi
Respondent: ITO, Ward-22(4), New Delhi
Assessment Year: 2010-11
Order Type: Final Tribunal Order
Date of Order: 2021-03-12
Pronounced On: 2021-03-12
Introduction:
This case involves an appeal filed by Sath Promoters & Developers Pvt. Ltd. against the order of the Commissioner of Income Tax (Appeals) [CIT(A)]-8, New Delhi, for the assessment year 2010-11. The appeal was directed against the assessment order passed by the Income Tax Officer (ITO), Ward-22(4), New Delhi. During the pendency of the appeal, the appellant opted to settle the dispute under the Government of India’s Vivaad Se Vishwas Scheme, 2020, leading to the withdrawal of the appeal.
Background and Grounds of Appeal:
Sath Promoters & Developers Pvt. Ltd., a company based in New Delhi, filed an appeal with the Income Tax Appellate Tribunal (ITAT) against the assessment order for the assessment year 2010-11. The case involved certain tax arrears that the company was contesting before the Tribunal.
With the introduction of the Vivaad Se Vishwas Scheme, 2020, by the Government of India, which aimed to resolve tax disputes amicably by allowing taxpayers to settle their cases by paying a specified percentage of the disputed tax amount, the appellant decided to take advantage of this scheme. On 26th February 2021, the appellant’s counsel submitted a letter requesting the withdrawal of the appeal, stating that the appellant had opted to settle the dispute under the scheme.
The Vivaad Se Vishwas Scheme provided a favorable opportunity for taxpayers like Sath Promoters & Developers Pvt. Ltd. to resolve their disputes without the need for prolonged litigation, by offering a mechanism to settle outstanding tax arrears with a waiver of interest and penalties.
Tribunal’s Analysis and Decision:
The appeal was heard via video conferencing on 12th March 2021 before the Tribunal, which included Shri G.S. Pannu, Vice President, and Shri K.N. Chary, Judicial Member. The Tribunal considered the appellant’s request for withdrawal and noted that the Department’s representative, Senior Departmental Representative (DR) Sh. M. Barnwal, had no objections to the withdrawal of the appeal.
In light of the request made by the appellant and the lack of opposition from the respondent, the Tribunal allowed the appeal to be withdrawn. The Tribunal also noted that the appeal was dismissed as withdrawn, effectively ending the dispute for the assessment year 2010-11 under the terms of the Vivaad Se Vishwas Scheme.
The Tribunal’s decision was announced at the conclusion of the virtual hearing on 12th March 2021.
Conclusion:
The appeal filed by Sath Promoters & Developers Pvt. Ltd. against the order of the ITO, Ward-22(4), New Delhi, for the assessment year 2010-11 was dismissed as withdrawn under the Vivaad Se Vishwas Scheme, 2020. This withdrawal allowed the appellant to settle the tax dispute amicably under the scheme.
Final Judgment:
The appeal filed by Sath Promoters & Developers Pvt. Ltd. is dismissed as withdrawn under the Vivaad Se Vishwas Scheme, 2020.
Order Pronounced: 12th March 2021
Judges: Shri G.S. Pannu, Vice President, and Shri K.N. Chary, Judicial Member
Reference: IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “A” BENCH: NEW DELHI
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