ACIT, CIRCLE-22(1) vs. VINOD KUMAR SINGHAL,

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ITA 3916/DEL/2004Status: DisposedITAT Delhi15 October 2020AY 2001-20025 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted the undertaking provided by the assessee under sub-section (5) of Section 4 of the Direct Tax Vivad Se Vishwas Act, 2020. This undertaking voluntarily waives all rights, direct or indirect, to seek or pursue any remedy or claim in relation to the tax arrears. Considering this undertaking, the Tribunal held that the appeal should be disposed of. The Tribunal granted liberty to the Department to file a Miscellaneous Application for recalling the order if Form No. 3 was not issued to the assessee. Consequently, the appeal filed by the Revenue was dismissed. The Tribunal did not decide the substantive issue of whether the assessee was a direct exporter eligible for deduction under Section 80HHC, as the matter was settled under the Vivad Se Vishwas Scheme.

What were the facts?

The Income Tax Appellate Tribunal (ITAT) Delhi 'A' Bench was hearing an appeal filed by the Revenue (ACIT, Circle-22(1), New Delhi) against Shri Vinod Kumar Singhal for Assessment Year 2001-02. The appeal was before the Tribunal pursuant to directions from the Supreme Court of India, which had set aside impugned judgments and remanded the matter to the Tribunal. The Supreme Court directed that the respondent (assessee) could show they were direct exporters to avail deduction under Section 80HHC. At the hearing, the assessee's representative stated that the assessee had opted to settle the dispute under the Vivad Se Vishwas Scheme and filed Forms 1 & 2. The assessee requested the appeal be kept pending until the CIT admitted the case under the scheme, providing an undertaking under Section 4(5) of the Direct Tax Vivad Se Vishwas Act, 2020. The Revenue's Senior DR raised no serious objection.

What were the issues?

1. Whether the assessee can avail deduction under Section 80HHC(1) read with (3) of the Income Tax Act, 1961, by demonstrating they are direct exporters? (Question of mixed law and fact, turning on Section 80HHC). Assessee's contention: The assessee has opted for the Vivad Se Vishwas Scheme and has provided an undertaking under Section 4(5) of the Direct Tax Vivad Se Vishwas Act, 2020, waiving all rights to pursue remedies or claims related to the tax arrears. The appeal should be kept pending or disposed of in light of this settlement. Revenue's contention: The Revenue's Senior DR did not raise any serious objection to the assessee's submission regarding the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 80HHC,Section 4(5)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘A’ BENCH,

Before: SHRI H.S. SIDHU & SHRI PRASHANT MAHARISHI

PER H.S. SIDHU, JUDICIAL MEMBER,

1.

In the aforesaid case, the Admn. Officer (J), (Civil-V), O/O the Registrar General, Hon’ble High Court of Delhi vide its letter No. 3/397 & SLP dated 30.09.2019 has forwarded the a copy of order as contained in Judgment dated 27.8.2019 and covering letter No. 27048/2010/SEC-XIV-A dated 20.09.2018 received from the Hon’ble Supreme Court of India for information and compliance wherein the Hon’ble Supreme Court Of India has given the following directions:-

“In these appeals also the impugned judgments are set aside. However, it will be open for the respondent in the above cases to show, by adducting the necessary facts, that they are direct exporters as well and can therefore avail of the deduction available under section 80HHC(1) read with (3). For this purpose, these matter stand remanded to the Appellate Tribunal. Accordingly, these appeals stand disposed of.”

2.

Pursuant to the aforesaid directions, the present appeal of the Revenue was fixed for hearing for 13.10.2020 before the Tribunal.

3.

At the time of hearing, Sh. Anunav Gupta, CA/Authorised Representative of the Assessee stated that assessee has opted to settle the dispute involved under the Dispute Resolution Scheme ‘Vivad Se Vishwas Scheme’. He has also filed the copy of Form-1 & Form-2 dated 01.10.2020 filed before the Department and requested that the present appeal may be kept pending till the Ld. CIT admits assessee’s case under Viavad Se Vishwas Scheme. In this regard, he especially draw our attention Form No. 2 at last page which is an undertaking under sub-section (5) of Section 4 of the Direct Tax Vivad Se Vishwas Act, 2020, given by the Assessee before the Department for opting of Vivad Se Vishwas Scheme.

4.

Ld. Sr. DR has not raised any serious objection.

5.

We have heard both the parties and perused the records especially the Form-I & II particularly From-2 last page which is an undertaking Under 2 section Sub-Section (5) of Section 4 of the Direct Tax Vivad Se Vishwas Act, 2020 given in Form-2. The contents of the same are reproduced as under:-

“I Vinod Kumar Singhal, S/o of Shri Mool Chand Singhal having PAN AAOPS1162P, Aadhar Number 207598055831 having decided to avail the benefit of the Direct Tax Vivad

Se Vishwas Act, 2020 do hereby voluntarily waive all my rights, whether direct or indirect, to seek or pursue any remedy or any claim in relation to the tax arrears which may otherwise be available to me under any law for the time being in force, in equity, by statute or under any agreement entered into by India with any other country or territory outside India whether for protection of investment or otherwise.

The above undertaking is irrecoverable. I also confirm that I am aware of all the consequences of this undertaking.

Place Delhi Date 01/10/2020 “This form has been digitally signed by Vinod Kumar Singhal having PAN AAOPS1162P from IP Address 122.160.79.132 on 01.10.2020.”

6.

Keeping in view of the undertaking under sub-section (5) of Section 4 of the Direct Tax Vivad Se Vishwas Act, 2020 given by the assessee, as reproduced above, in our view that this Appeal should be disposed of with the liberty to the Department that if the Department does not issue Form No. 3 to the Assessee, then the Department is at liberty to file a Miscellaneous Application for recalling this order. In view of above, the Appeal filed by the Revenue is dismissed.

7.

In the result, the appeal of the Revenue is dismissed.

The order is pronounced on 15.10.2020.

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