Supreme Court Allows Withdrawal of Appeal Under Direct Tax Vivad Se Vishwas Act, 2020. Appellant sought to withdraw the appeal citing the new scheme for resolving tax disputes, which was not opposed by the respondent.

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Case Note & Summary

The case involved an appeal filed by K.V. Mohammed Zakir against the Commissioner of Income Tax, Thrissur. The appellant sought to withdraw the appeal based on the introduction of the Direct Tax Vivad Se Vishwas Act, 2020, which provides a mechanism for resolving pending tax disputes. The learned counsel for the respondent indicated no objection to the withdrawal. The Supreme Court, considering the reasons stated in the application, allowed the appellant to withdraw the appeal and disposed of it accordingly. The decision reflects the court's acknowledgment of the new legislative framework aimed at facilitating the resolution of tax disputes.

Headnote

A) Taxation - Withdrawal of Appeal - Mechanism for Pending Tax Disputes - Direct Tax Vivad Se Vishwas Act, 2020 - Appellant sought to withdraw the appeal citing the new scheme for resolving tax disputes, which was not opposed by the respondent. The court allowed the withdrawal of the appeal as per the application made by the appellant. Held that the appeal is disposed of as withdrawn (Paras Not mentioned).

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Issue of Consideration

Whether the appellant can withdraw the appeal based on the new scheme introduced by the Income Tax Department.

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Final Decision

The Supreme Court allowed the appellant to withdraw the appeal and disposed of it as withdrawn.

Law Points

  • Withdrawal of appeal
  • Direct Tax Vivad Se Vishwas Act
  • 2020
  • Mechanism for tax disputes
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Case Details

2021 LawText (SC) (09) 311

Civil Appeal No. 2593 of 2018

2021-09-24

HIMA KOHLI

K.V. MOHAMMED ZAKIR

COMMISSIONER OF INCOME TAX, THRISSUR

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Nature of Litigation

Civil appeal regarding tax dispute

Remedy Sought

Withdrawal of the appeal

Filing Reason

Introduction of a new scheme for tax disputes

Issues

Whether the appellant can withdraw the appeal based on the new scheme introduced by the Income Tax Department.

Submissions/Arguments

Appellant sought to withdraw the appeal citing the new scheme. Respondent had no objection to the withdrawal.

Ratio Decidendi

The court recognized the appellant's right to withdraw the appeal in light of the new legislative framework aimed at resolving tax disputes.

Judgment Excerpts

The appellant is allowed to withdraw the instant civil appeal. The civil appeal is, accordingly, disposed of as withdrawn.

Procedural History

The appellant filed a civil appeal which was subsequently sought to be withdrawn based on a new tax dispute resolution scheme.

Acts & Sections

  • Direct Tax Vivad Se Vishwas Act:
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