B AND B MERCANTILE PVT. LTD. vs. DIRECTOR OF INCOME TAX

Facts

The petitioner, B And B Mercantile Pvt. Ltd., filed a writ petition before the High Court of Judicature for Rajasthan, Bench at Jaipur. The respondents were various income tax authorities, including the Director of Income Tax (Inv), Chandigarh, and the Commissioner of Income Tax (Central), Jaipur. The writ petition was filed challenging an order or action by these authorities. The specific assessment year(s) and the amount in dispute are not recorded in the provided text. The procedural history indicates that the matter reached the High Court for adjudication.

Held

The High Court decided to dispose of the writ petition as not pressed. The court granted the petitioner the liberty to apply under the Direct Tax Vivad se Vishwas Scheme, 2024. The court further clarified that the writ petition would be deemed to be pending solely for the purpose of making an application under the DTVSV Scheme. This decision was based on the petitioner's counsel not pressing the petition and seeking the aforementioned liberty, supported by the circular regarding pending litigation. No specific findings on the merits of the original challenge were made, as the petition was withdrawn.

Key Issues

The primary issue before the Tribunal was whether the petitioner could withdraw their writ petition with liberty to apply under the Direct Tax Vivad se Vishwas Scheme, 2024 (DTVSV Scheme). The petitioner's counsel argued that they were not pressing the petition and sought liberty to avail the DTVSV Scheme. They further relied on Circular No. 12/2024 dated 15.10.2024, which stipulates that litigation should be pending on the date of making an application under the scheme. The revenue's contentions are not recorded in the judgment.