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Facts
The assessees filed appeals against the order of the Commissioner of Income Tax (Appeals), Mumbai, and also filed stay petitions. During the proceedings, the assessees expressed their intent to settle the tax dispute under the Direct Tax Vivad se Vishwas (DTVSV) Scheme, 2024, and had filed Form-2 for the withdrawal of their appeals.
Held
The Tribunal dismissed all appeals as the issues were being resolved under the DTVSV Scheme, 2024, noting that Form-2 had been issued by the revenue authority. The Tribunal clarified that assessees could seek restoration of appeals if the settlement becomes non-operative. All associated stay petitions were also dismissed as infructuous.
Key Issues
Whether tax appeals should be dismissed by the tribunal when assessees opt to settle disputes under the Direct Tax Vivad se Vishwas Scheme, 2024.
Sections Cited
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Income Tax Appellate Tribunal, ‘C’ BENCH, BANGALORE
Before: SHRI WASEEM AHMED & SHRI KESHAV DUBEY
All the above captioned appeals are by the assessee against the order passed by the Commissioner of Income Tax (Appeals), Mumbai. The assessees have also filed stay petitions.
In all the present appeals, all the assessees have contended that they intend to settle the dispute under the Vivad Se Vishwas (VSV) Scheme 2024 introduced by the Government of India. Accordingly, at the outset, during the course of the proceedings before us, the ld. Authorized Representative (AR) submitted that all the assessees are in the process of settling the tax dispute in the appeals on hand and filed Form-2, on behalf of all the assessee, as prescribed under 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 requesting for the withdrawal of all the captioned appeals of different assessees.
The Learned Departmental Representative (DR) confirmed the submission of the ld. AR and raised no objection to the dismissal of the appeals in light of the settlement of dispute under DTVSV, 2024.
Considering the submission of the parties and in view of the fact that Form-2 has been issued by the revenue authority, we find that no purpose would be served by keeping these appeals pending before the .
& others/Mum/2013 & Ors. S.P Nos.304 & Ors./Mum/2017
Page 6 of 7 Tribunal. Accordingly, these appeals are dismissed as the issue is being resolved under Direct Tax Vivad se Vishwas Scheme, 2024.
4.1 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 different assessee shall be at liberty to approach the Tribunal by filing a suitable application for restoration of the appeals to its/ their original numbers as per the provisions of law.
In the result, all the appeals filed by different Assessee are hereby dismissed under DTVSV 2024.
S.P. Nos. 304 - 307/Mum/2017
The assessees have also filed above captioned stay petitions. Since, the appeals of the assessees are dismissed, these stay petitions becomes infructuous and hence accordingly dismissed as infructuous.
In the result, all the stay petitions are dismissed as infructuous.
Order pronounced in court on 5th day of March, 2025