PRAKASH NAYAK,BENGALURU vs. INCOME TAX OFFICER WARD 5(3)(3), BENGALURU

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ITA 941/BANG/2025Status: DisposedITAT Bangalore16 September 2025AY 2016-17Bench: SHRI WASEEM AHMED (Accountant Member), SHRI KESHAV DUBEY (Judicial Member)3 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal due to the settlement under the Direct Tax Vivad se Vishwas Scheme, 2024. It also clarified that the assessee could apply for restoration of the appeal if the settlement later becomes invalid.

What were the facts?

The assessee filed an appeal against an NFAC order for AY 2016-17. During the proceedings, the assessee informed the Tribunal that the dispute was settled under the Direct Tax Vivad se Vishwas Scheme, 2024, presenting Form-4 and requesting to withdraw the appeal.

What were the issues?

Whether an appeal before the Income Tax Appellate Tribunal should be dismissed upon the assessee's declaration of settlement under the Direct Tax Vivad se Vishwas Scheme, 2024.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad se Vishwas Scheme, 2024

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘SMC’ BENCH, BANGALORE

Before: SHRI WASEEM AHMED & SHRI KESHAV DUBEY

For Appellant: Shri Anoop Kumar Agarwal, .AR
For Respondent: Shri Ganesh R Gale, Standing Counsel for Dept
Hearing: 25.06.2025Pronounced: 16.09.2025

PER WASEEM AHMED, ACCOUNTANT MEMBER:

1.

This appeal filed by the assessee is against the order of NFAC, Delhi, order dated 19-03-2025 vide DIN No. ITBA/NFAC/S/250/2024- 25/1074695237(1) for the assessment year 2016-17.

2.

In the present appeal, the assessee has contended that he has settled the dispute under Vivad Se Vishwas (VSV) Scheme 2024 introduced by the Government of India. Accordingly, during the course of the proceedings before us, the ld. Authorized Representative (AR) of the Assessee filed Form-4 as prescribed under the Direct Tax Vivad se Vishwas Scheme (DTVSV), 2024, issued by the Competent Authority in support of his contention. Accordingly, the ld. AR filed the letter dated 25-06-2025 requesting for the withdrawal of appeal.

3.

The Learned Departmental Representative (DR) confirmed the submission of the AR and raised no objection to the dismissal of the appeal in light of the settlement of dispute under DTVSV, 2024.

4.

Considering the submission of the parties and in view of the fact that Form-4 has been issued by the revenue authority, we dismiss this appeal as the issue got resolved under the Direct Tax Vivad se Vishwas Scheme, 2024. However, before parting it is clarified that in the event the Competent Authority under DTVSV, 2024, for any reason, deems the settlement to be non-operative or invalid, the assessee shall be at liberty to approach the Tribunal by filing a suitable application for restoration of the appeal to its original number as per the provisions of law.

5.

In the result, the appeal filed by the Assessee is hereby dismissed under DTVSV 2024.

Order pronounced in court on 16th day of September, 2025

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