ITAT Dismisses Appeal Pending Vivad Se Vishwas Scheme Outcome

Duddu Nomeshwar Vs ITO (ITAT Bangalore)

In the case of Duddu Nomeshwar vs ITO, the ITAT Bangalore addressed an appeal filed by the assessee against the order of the CIT(A) for the assessment year 2015-16. The assessee submitted a letter, dated 28th October 2024, stating that they had filed Form 1 to settle the issue under the Direct Tax Vivad Se Vishwas Scheme, 2024. Given the assessee’s decision to opt for settlement under this scheme, the learned AR requested that the appeal be dismissed as withdrawn, with the provision to reinstate the appeal if the Revenue does not accept the application under the scheme.

Considering the assessee’s request and the provisions of the Vivad Se Vishwas Scheme, the ITAT dismissed the appeal, allowing the assessee the liberty to reinstate the appeal if the settlement under the scheme is not accepted by the Revenue. This approach ensures that the matter is resolved through the available dispute resolution mechanism, with the appeal only reinstated if necessary.

FULL TEXT OF THE ORDER OF ITAT BANGALORE

This appeal at the instance of the assessee is directed against the Order of CIT(A) dated 29.03.2024, passed under section 250 of the Income Tax Act, 1961 (hereinafter called ‘the Act’). The relevant Assessment Year is 2015-16.

2. Assessee has filed a letter dated 28.10.2024 in which it is stated that the assessee has filed Form 1 for settling the issue raised in this appeal under the Direct Tax Vivad Se Vishwas Scheme, 2024. The learned AR submitted that in light of assessee opting to settling the matter under Vivad Se Vishwas Scheme, 2024, appeal may be dismissed as withdrawn with liberty to reinstate the appeal in the event the assessee’s application under Vivad Se Vishwas Scheme, 2024, is not accepted by the Revenue.

3. In light of the above letter, we dismiss the appeal of the assessee with a liberty to file a petition to reinstate the same if the assessee’s application under Vivad Se Vishwas Scheme, 2024, is not accepted by the Revenue.

4. In the result, appeal of the assessee is dismissed as withdrawn.

Pronounced in the open court on the date mentioned on the caption page.