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Facts
The assessee filed an appeal against the CIT(A)'s order for AY 2019-20. During the proceedings, the assessee opted to settle the case under the Direct Tax Vivad se Vishwas Scheme, 2024, and completed all necessary formalities, including the issuance of Form 4 by the CIT.
Held
The Tribunal noted that the assessee had settled the dispute under the DTVSV Scheme, 2024, and all required forms were processed. In light of the settlement, and as per the provisions of Section 91(2) of the DTVSV Scheme, the appeal was dismissed as withdrawn.
Key Issues
Whether an appeal before the ITAT should be dismissed as withdrawn when the assessee has opted for settlement under the Direct Tax Vivad se Vishwas Scheme, 2024, and completed all required formalities as per the Finance (2) Act, 2024.
Sections Cited
250, 91(2), 92(1), 92(2), 93
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Income Tax Appellate Tribunal, “C’’ BENCH: BANGALORE
Before: SHRI WASEEM AHMED & 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), Bengaluru-12 vide DIN & Order No. ITBA/APL/S/250/2024-25/1069392304(1) passed u/s 250 of the Income Tax Act, 1961 (in short “the Act”) for the assessment year 2019-20.
The assessee has raised 11 grounds of appeal
3. At the outset, the ld. A.R. for the assessee submitted a letter dated 28.1.2025 for the assessment year 2019-20 wherein it is submitted that the assessee had opted to settle the case under 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 Tecnicas Reunidas SA, Bangalore Page 2 of 3 ld. CIT had issued the Form-2 with certain payables amount. The ld. AR also submitted that the assessee already complied with the payment and had filed the form 3 with the department. Further it is submitted that the ld. CIT has already issued the form 4 recently. Accordingly, the AR of the assessee requested to allow 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 28.01.2025, 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. Commissioner of Income Tax on 9.1.2025. Further the assessee has filed Form No.3 DTVSV 2024 i.e. intimation of payment under sub-section (2) of section 92 of the Finance (2) Act, 2024 on 21/01/2025 and accordingly the Form No.4 i.e. Order for full & final settlement of tax arrear under sub-section (2) of section 92 r.w.s. 93 of the Finance (2) Act, 2024 issued by the ld. CIT on 23.1.2025. This Being so, we, accordingly, as per the request letter dated 28.01.2025 for the assessment year 2019-20, we dismiss this appeal of the assessee as withdrawn.
In the result, appeal filed by the assessee is dismissed as withdrawn.