Loading judgment…
Facts
The assessee opted to settle disputes under the Direct Tax Vivad se Vishwas Scheme, 2024, and filed Form 1 DTVSV 2024. The PCIT issued Form-2, determining a refund. The assessee requested withdrawal of the appeal.
Held
The Tribunal noted that as per Section 91(2) of the DTVSV Scheme, 2024, pending appeals are deemed withdrawn upon issuance of a certificate. Since the certificate was issued, the appeal was dismissed as withdrawn.
Key Issues
Whether the appeal should be dismissed as withdrawn under the Direct Tax Vivad se Vishwas Scheme, 2024, given the issuance of a settlement certificate.
Sections Cited
143(3), 144C, 91(2), 92(1)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A’’ BENCH: BANGALORE
Before: SHRI PRASHANT MAHARISHI & SHRI KESHAV DUBEY
PER KESHAV DUBEY, JUDICIAL MEMBER:
This appeal at the instance of the assessee is directed against the order of the ld. DCIT, Large Tax Payers Unit, Circle-1, Bangalore vide Order dated 17.12.2015 passed u/s 143(3) r.w.s. 144C of the Income Tax Act, 1961 (in short “the Act”) for the assessment year 2011-12.
The assessee has raised 4 different grounds with various sub- grounds in each ground of appeal.
At the outset, the ld. A.R. for the assessee drew our attention to a letter dated 18.7.2025 for the assessment year 2011-12 wherein it is submitted that the assessee had opted to settle the case under IT(TPA)A No.168/Bang/2016 3M India Limited, Bangalore Page 2 of 3 VSVS,2024 and filed the Form 1 DTVSV 2024 for the settlement of the disputes under the Direct Tax Vivad se Vishwas, 2024 and the ld. PCIT had already issued the Form-2 vide DIN/Acknowledgement No. 273618081080725 determining the refund of Rs.2,95,62,363/- on 08/07/2025. Accordingly, ld. A.R. requested for withdrawal of the appeal.
Ld. D.R. on the other hand has no objection for the request of withdrawal of the appeal as made by the assessee.
We have heard the rival submissions and perused the materials available on record. As per the provisions of section 91(2) of the DTVSV Scheme, 2024, any appeal pending before the ITAT or CIT(A) in respect of disputed interest or disputed penalty or disputed fee or tax arrears shall be deemed to have been withdrawn upon the issuance of certificate u/s 92(1) of the DTVSV Scheme, 2024.
5.1 On going through the letter along with the enclosures filed on 18.07.2025, we find that the Form No.2 i.e. Certificate under sub- section (1) of section 92 of the Finance (2) Act, 2024, is issued by the ld. Principal Commissioner of Income Tax, Bengaluru-2 on 8.7.2025. This Being so, we, accordingly, as per the request letter dated 18.07.2025 for the assessment year 2011-12, dismiss this appeal of the assessee as withdrawn with a liberty to reinstate the appeal if the assessee’s application under the DTVSV Scheme, 2024 is not accepted for any reason.
IT(TPA)A No.168/Bang/2016 3M India Limited, Bangalore Page 3 of 3 6. In the result, appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 11th Sept, 2025