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Facts
The Revenue filed an appeal against an order for Assessment Year 2015-2016. During the appeal hearing, the assessee informed the tribunal that they had opted for the Direct Tax Vivad Se Vishwas Scheme-2024 to settle the dispute.
Held
As per the scheme, the Designated Authority issued Form-2 showing that the assessee had already paid the disputed amount, resulting in a NIL balance payable and an indicated refundable amount. Consequently, both parties agreed that the appeal was not maintainable and should be dismissed as withdrawn.
Key Issues
Maintainability of the Revenue's appeal in light of the settlement of the dispute under the Direct Tax Vivad Se Vishwas Scheme-2024.
Sections Cited
Section 90 of the Finance (No.2) Act, 2024, Section 91 of the Finance (No.2) Act, 2024, Section 92 of the Finance (No.2) Act, 2024
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Income Tax Appellate Tribunal, Hyderabad ‘B’ Bench, Hyderabad
Before: SHRI VIJAY PAL RAO & SHRI MANJUNATHA G.
PER VIJAY PAL RAO, VICE PRESIDENT :
This appeal by the Revenue is directed against the Order dated 04.08.2025 of the learned CIT(A)-4, Hyderabad, for the assessment year 2015-2016.
2 ITA.No.112/Hyd./2021 2. At the time of hearing, the learned Authorised Representative of the Assessee has filed an application dated 12.01.2026 and submitted that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme-2024 to settle the dispute involved in this appeal of the department. The Designated Authority has issued Form-2 dated 05.01.2026 whereby the arrear of payment is determined at Rs.NIL as the assessee has already paid an amount of Rs.81,85,369/- which is shown as ‘refundable’. Therefore, the present appeal of the Revenue is not maintainable and liable to be dismissed as withdrawn as the dispute is already settled under Direct Tax Vivad Se Vishwas Scheme-2024.
The learned DR has also fairly submitted that in view of settlement of the dispute under Direct Tax Vivad Se Vishwas Scheme-2024, the appeal of the Revenue is to be dismissed as withdrawn.
Considering the submissions of the learned Authorised Representative of the Assessee as well as learned DR, at the outset, it is noted that the Designated Authority has issued Form-2 dated 05.01.2026 as under:
3 ITA.No.112/Hyd./2021 4.1. Thus, it is clear that the present appeal of the Revenue was the subject matter of the dispute which is settled under Direct Tax Vivad Se Vishwas Scheme-2024 wherein the amount payable u/sec.90 is also shown as 4 ITA.No.112/Hyd./2021 Rs.NIL, rather the refundable amount is reflected in the above Form-2. Accordingly, the present appeal of the Revenue is dismissed as withdrawn.
In the result, appeal of the Revenue is dismissed as withdrawn.
Order pronounced in the open Court on 28.01.2026.