Facts
The assessee opted for the 'Vivad Se Vishwas' Scheme 2024 and filed Form No.1. The Revenue Department issued Form No.2, and subsequently Form No.4 was also issued.
Held
The appeal has already been settled through the VSV Scheme 2024 and thus will not survive.
Key Issues
Whether the appeal survives given the settlement under the 'Vivad Se Vishwas' Scheme 2024.
Sections Cited
250 of the Income Tax Act, 1961
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
Before: SHRI NARENDER KUMAR CHOUDHRY
O R D E R
Per : Narender Kumar Choudhry, Judicial Member:
This appeal has been preferred by the Revenue against the order dated 16.01.2025, impugned herein, passed by the Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) u/s 250 of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2008-09.
The Assessee for settling the dispute has opted "Vivad Se Vishwas” Scheme 2024, and filed Form No.1 on dated 20.04.2025 i.e. within the time, prescribed under the scheme.
The Revenue Department in response to aforesaid application filed by the Assessee, thus has issued Form no.2 dated 14.11.2025 to the Assessee {copy placed on record}.
The Ld. Senior DR present online, along with Ld. Inspector Ms. Divya Pednekar present in Court, has submitted that Form no.4 has also been issued to the Assessee.
Thus, considering the aforesaid facts and circumstances, as the issue (s) involved in this case, has already been settled through VSV Scheme 2024, hence, the appeal under consideration will not survive and therefore, the appeal is liable to be dismissed as withdrawn, however, with liberty to the Revenue, to seek restoring the same, on not depositing the requisite amount by the Assessee and/or any default committed by the Assessee, in pursuance to Form Nos.2 and 4.
In the result, appeal filed by the Revenue Department is dismissed as withdrawn, however with the liberty mentioned above.
Order pronounced in the open court on 13.01.2026.