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Facts
The assessee, CBRE Limited, incorporated in Hongkong, filed an appeal against the assessment order dated 30th October, 2023 for AY 2021-22. During the pendency of the appeal, the assessee availed the Direct Tax Vivad Se Vishwas Scheme, 2024, and filed necessary declarations.
Held
The assessee's counsel informed the tribunal that the assessee had availed the Vivad Se Vishwas Scheme, 2024, and provided Form No. 4 as proof of settlement. The CIT-DR had no objection to the dismissal of the appeal on this ground.
Key Issues
Whether the appeal should be dismissed as withdrawn due to the assessee availing the Direct Tax Vivad Se Vishwas Scheme, 2024.
Sections Cited
143(3), 144C(13), 154, 92(2), 93 of Finance (No. 2) Act, 2024
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES ‘D’ , NEW DELHI
Before: SHRI RAMIT KOCHAR & SHRI RAJ KUMAR CHAUHAN
ORDER PER RAMIT KOCHAR, AM: for AY 2021-22 filed by the Assessee has arisen from the assessment order dated 30th October, 2023 passed by learned Assessing Officer u/s 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’)(DIN & Order No. ITBA/AST/S/143(3)/2023-24/1057489905(1)). The assessee is incorporated in Hongkong. There were rectification proceedings u/s 154 which culminated into an rectification order dated 03.04.2025 passed by the AO u/s 154 , wherein income assessed stood rectified to Rs. 4,96,62,718/-(DIN & Order No.
ITBA/REC/S/154_1/2025-26/1075458543(1))
This appeal came up for hearing before the Bench on 13th January, 2026, 2. wherein it was brought to the attention of the Bench by ld. Counsel for the assessee that the assessee has availed the Direct Tax Vivad Se Vishwas Scheme, 2024, and has filed necessary declarations with the Department . It was submitted that Now Form-4 dated 14.07.2025 (DIN/Acknowledgment No.
320915661140725) is also issued by the department which is order for full and final settlement of tax arrear under Sub-Section (2) of Section 92 read with Section 93 of Finance (No. 2) Act, 2024(Under the Direct Tax Vivad Se Vishwas Scheme, 2024). The copy of the same is placed on record by ld. Counsel for the assessee , which is now placed on record in file. The ld. CIT-DR was asked to verify the same and to submit comments of the department . Hence, the appeal was posted for hearing before the Bench for 14.01.2026 .
When this appeal came up for hearing before the Bench on 14.01.2026, the Ld. counsel for the assessee reiterated before the Bench that the assessee has availed the Direct Tax Vivad Se Vishwas Scheme, 2024 , and has filed necessary declarations with the Department. It was submitted that the Department has now accepted the declarations filed by the assessee under the Direct Tax Vivad Se Vishwas Scheme, 2024 , and has issued Form No.4 (DIN/acknowledgement No.320915661140725 dated 14th July, 2025). A copy of the same is placed on record by the Ld. Counsel for the assessee . The ld.
Counsel for the assessee prayed for the dismissal of the appeal as withdrawn on the grounds of availment of VSVS, 2024 scheme.
The Ld. CIT-DR, after verification of the records, submitted that the Department has no objection if the appeal of the assessee is dismissed on account of availing of the Direct Tax Vivad Se Vishwas Scheme, 2024.
Thus, after considering the contentions of both the parties and keeping in view that the assessee has availed VSVS, 2024 scheme , department having already issued Form No.4 under the scheme and department having no objection to dismissal of this appeal, the assessee’s appeal in for AY 2021-22 stands dismissed as withdrawn on account of availing of Direct Tax Vivad Se Vishwas Scheme, 2024.We order accordingly.
In the result, the appeal of the assessee is dismissed.
Order pronounced in the open court on 14.01.2026 in the presence of both the parties, and reduced to writing and signed on 16.01.2026 at New Delhi
Sd/- Sd/- (RAJ KUMAR CHAUHAN) (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 16th January, 2026. dk