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Facts
The assessee opted to settle tax disputes under the Direct Tax Vivad se Vishwas Scheme, 2024. The assessee filed necessary forms and was issued a certificate for settlement of tax arrears. The AR requested withdrawal of the appeal.
Held
The Tribunal noted that as per the DTVSV Scheme, 2024, appeals pending before ITAT are deemed withdrawn upon issuance of the settlement certificate. Since all formalities were completed by the assessee, the appeal was dismissed as withdrawn.
Key Issues
Whether the appeal can be dismissed as withdrawn based on the assessee's settlement under the Vivad se Vishwas Scheme, 2024, and the relevant provisions of the scheme.
Sections Cited
250, 91(2), 92(1), 92(2), 93
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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. CIT(A)/NFAC, vide DIN & Order No. ITBA/NFAC/S/250/2024-25/1073586386(1) passed u/s 250 of the Income Tax Act, 1961 (in short “the Act”) for the assessment year 2017-18.
The assessee has raised 4 grounds of appeal.
At the outset, the ld. A.R. for the assessee drawn our attention to a letter dated 19.5.2025 wherein it is submitted that the assessee had opted to settle the case of quantum assessment under VSVS, 2024 and accordingly filed the Form 1 DTVSV 2024 for the settlement of the disputes under the Direct Tax Vivad se Vishwas, 2024 and the Coffeeday Hotels and Resorts, Bangalore Page 2 of 3 ld. Principal CIT, Bangalore-2 had issued the Form-2 dated 11.3.2025. Further it is also submitted that the ld. CIT has already issued the form 4 on 21.4.2025. Accordingly, the AR of the assessee requested to allow for the withdrawal of appeal.
Ld. D.R. on the other hand has no objection for the request of withdraw of the appeal made by the assessee as the assessee has already been issued Form-4 under DTVSV 2024.
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CIT(A) in respect of disputed interest or disputed penalty or disputed fee or tax arrears shall be deemed to have been withdrawn upon the issuance of certificate u/s 92(1) of the DTVSV Scheme, 2024.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 19.5.2025, 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 on 11.3.2025. Further, intimation of payment under sub-section (2) of section 92 of the Finance (No.2) Act, 2024 is filed by the assessee on 20.3.2025 vide acknowledgement No.907044960200325 and accordingly the Form No.4 i.e. Order for full & final settlement of tax arrears under sub- section (2) of section 92 r.w.s. 93 of the Finance (2) Act, 2024 is already issued by the ld. PCIT on 21.4.2025. This Being so, we, accordingly, as per the request letter dated 19.5.2025, dismiss this appeal of the assessee for the assessment year 2017-18 as withdrawn.
Coffeeday Hotels and Resorts, 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 Jun, 2025