Facts of the Case

The appellant/assessee, Actis Advisers Pvt. Ltd., had filed an appeal before the Delhi High Court challenging certain tax-related issues under the Income Tax Act. During the pendency of the appeal, the assessee opted to resolve the dispute under the Direct Tax Viva Vishwas Act, 2020, a scheme introduced for settlement of tax disputes.

An application was filed seeking permission to withdraw the present appeal as well as indicating that related disputes, including the Revenue’s appeal, were also being resolved under the scheme.

Issues Involved

  1. Whether the assessee should be permitted to withdraw the appeal to avail benefits under the Direct Tax Viva Vishwas Act, 2020.
  2. Whether any liberty should be granted in case the settlement process is not completed successfully.

Petitioner’s Arguments (Assessee)

  • The assessee submitted that it had opted for dispute resolution under the Direct Tax Viva Vishwas Scheme, 2020.
  • It intended to settle not only the present appeal but also the connected Revenue appeal.
  • Accordingly, permission was sought to withdraw the appeal.

Respondent’s Arguments (Revenue)

  • The Revenue did not raise any substantial objection to the withdrawal request.
  • The matter was left to the discretion of the Court subject to compliance with the statutory scheme.

Court’s Findings / Order

  • The Delhi High Court allowed the application for withdrawal of the appeal.
  • The Court granted liberty to both parties to approach the Court again in case the designated authority fails to issue the certificate (Form-5) under the scheme.
  • Consequently, the appeal was disposed of as withdrawn and stood closed.

Important Clarification by Court

  • Withdrawal of appeal is conditional upon successful processing under the scheme.
  • If the certificate under the Viva Vishwas Act is not issued, parties retain the right to revive proceedings.
  • The order also directed that the same be placed in the connected appeal file (ITA 424/2013).

Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2021:DHC:4502-DB/RAS26022021ITA2162013_160250.pdf

Disclaimer

This content is shared strictly for general information and knowledge purposes only. Readers should independently verify the information from reliable sources. It is not intended to provide legal, professional, or advisory guidance. The author and the organisation disclaim all liability arising from the use of this content. The material has been prepared with the assistance of AI tools.