KAUSTAV CONSTRUCTION PRIVATE LIMITED,GUWAHATI vs. THE INCOME TAX OFFICER, WARD - 1(3), GUWAHATI

IN THE INCOME TAX APPELLATE TRIBUNAL – GUWAHATI BENCH VIRTUAL BENCH AT KOLKATA Before Shri Sonjoy Sarma, Judicial Member and Shri Rakesh Mishra, Accountant Member ITA No.154/GTY/2026 Assessment Year: 2015-16 Kaustav Construction Private Limited……………………………….…..Appellant H.No.38, Byelane No.11, Pub Jyotinagar Bamunimaidan, Guwahati Assam-781021 [PAN: AACCK4103F] vs. ITO, Ward-1(3), Guwahati……………………..…………..…...…..…..Respondent Meghalaya-793001 Appearances by: Shri Ramesh Goenka, AR, appeared on behalf of the Appellant. Shri Santosh Kumar Karnani, Addl. CIT, appeared on behalf of the Respondent. Date of concluding the hearing : May 13, 2026 Date of pronouncing the order : May 14, 2026 ORDER Per Sonjoy Sarma, Judicial Member: The present appeal filed by the assessee is directed against the order dated 09.03.2026 passed by the NFAC, Delhi [hereinafter referred to as the ‘Ld. CIT(A)] u/s 250 of the Income Tax Act, 1961 (the ‘Act’) for the assessment year 2015-16. 2. Brief facts of the case are that, in the case of the assessee, an assessment order u/s 147 of the Act was completed by the Assessing Officer by making an addition of Rs.79,94,721/- on account of provisions claimed by the assessee as allowable expenditure, which were disallowed by the Assessing Officer. 3. Aggrieved by the said order, the assessee preferred an appeal before the Ld. CIT(A). During the pendency of the appellate proceedings, the assessee opted to settle the dispute under the Direct Tax Vivad se

ITA No.154/GTY/2026 Kaustav Construction Private Limited Vishwas Scheme-2024. In this connection, Form No.04 dated 24.03.2025 was issued by the designated authority under the scheme for final settlement of tax arrears u/s 92(2) r.w.s. 93 of the Finance Act, 2024 for the assessment year under consideration. The contention of the assessee is that the aforesaid facts along with relevant documents were brought to the notice of the Ld. CIT(A), however, the Ld. CIT(A), without properly considering the same, proceeded to dismiss the appeal of the assessee. 4. Still aggrieved by the above order, the assessee is in appeal before this Tribunal. At the time of hearing before us, the Ld. AR submitted that the dispute relating to the present appeal already stands settled under the Direct Tax Vivad se Vishwas Scheme-2024 and the assessee had also deposited the necessary tax under the scheme. A copy of Form No. 04 dated 24.03.2025 issued by the designated authority evidencing final settlement of the dispute was also placed on record. Therefore, it was submitted that the order passed by the Ld. CIT(A) sustaining the addition is not proper. 5. On the other hand, the Ld. DR has not raised any objection regarding such prayer made by the assessee. 6. We, after hearing the rival submissions of the parties and perusing the material available on record, we find that the dispute involved in the present appeal already stands settled under the provisions of the Direct Tax Vivad se Vishwas Scheme-2024 and Form No. 04 dated 24.03.2025 has been issued by the designated authority evidencing final settlement of tax arrears. Therefore, no dispute survives for adjudication before this Tribunal. Accordingly, we set aside the order passed by the Ld. CIT(A) and treat the matter as settled under the provisions of the Direct Tax Vivad se Vishwas Scheme-2024.

ITA No.154/GTY/2026 Kaustav Construction Private Limited 7. In terms of the above, appeal of the assessee is allowed for statistical purposes.

Kolkata, the 14th May, 2026.

Sd/- Sd/- [Rakesh Mishra] [Sonjoy Sarma] Accountant Member Judicial Member Dated: 14.05.2026. DP, PS Copy of the order forwarded to: 1. Appellant - 2. Respondent - 3. CIT(A)- 4. CIT- , 5. CIT(DR),

//True copy// By order Assistant Registrar, Kolkata Benches