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Facts
The assessee filed an appeal against the CIT(A)'s order for AY 2011-12. During the hearing, the assessee submitted that the dispute had been settled under the Vivad se Vishwas Scheme, 2024 (VSVS), and Form No. 2 acknowledging the declaration had been issued, with Form No. 4 pending. The assessee requested to withdraw the appeal with the liberty to seek revival if the VSVS settlement did not materialize, which the Departmental Representative did not object to.
Held
The Tribunal acknowledged that the assessee's declaration under the Vivad se Vishwas Scheme, 2024 was accepted, and Form No. 2 was issued, rendering the appeal infructuous. Consequently, the appeal was dismissed as withdrawn, with the explicit liberty granted to the assessee to seek its restoration if the final settlement under the VSVS scheme is not concluded.
Key Issues
Whether an appeal should be dismissed as withdrawn when the assessee has opted for and initiated settlement under the Vivad se Vishwas Scheme, 2024, and if so, with what conditions for revival.
Sections Cited
Section 91 of the Finance (No. 2) Act, 2024
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, BENCH-RANCHI
Before: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahay
Assessment Year: 2011-12 Rajesh Kr. Pandey…………….……………............................……….……Appellant M/s Ramgarh Sponge Iron, Near Punjab National Bank Main Road, Ramgarh, Jharkhand – 829122. [PAN: AUHPP5179N] vs. ITO, Ward-2(4), Ramgarh.…...…..….…..….........……........……...…..…..Respondent Appearances by: None appeared on behalf of the appellant. Shri Khubchand T. Pandya, Sr. DR, appeared on behalf of the Respondent. Date of concluding the hearing : October 13, 2025 Date of pronouncing the order : October 15, 2025 ORDER
Per Sonjoy Sarma, Judicial Member:
This appeal by the assessee is directed against the order of the learned Commissioner of Income Tax (Appeals), Ranchi, for the assessment year 2011–12.
At the time of hearing, the learned Authorised Representative (AR) of the assessee filed a written application dated 13.10.2023, submitting that the instant appeal has been settled under the “Vivad se Vishwas Scheme, 2024” (VSVS), as per Section 91 of the Finance (No. 2) Act, 2024.
It was further submitted that the competent authority has been pleased to issue Form No. 2 dated 21.08.2025, thereby accepting the declaration filed by the assessee under the said Scheme. The assessee is now awaiting issuance of Form No. 4 for final settlement of the dispute. Accordingly, the assessee prayed for permission to withdraw the present appeal, with a liberty to seek revival in the event the matter is not ultimately settled under the said Scheme.
Rajesh Kr. Pandey 4. The learned Departmental Representative, on the other hand, did not object to the request made by the assessee for withdrawal of the appeal, subject to liberty for revival if the settlement does not materialize.
We have considered the submissions. Since the assessee’s declaration under the Vivad se Vishwas Scheme, 2024 has been duly accepted by the competent authority, and Form No. 2 has already been issued, the instant appeal has become infructuous. Accordingly, the appeal filed by the assessee is dismissed as withdrawn, with a liberty to the assessee to seek restoration of the appeal in case the dispute is not finally settled by the competent authority.
In the result, the appeal of the assessee is dismissed as withdrawn, with liberty as stated above. Kolkata, the 15th October, 2025.