Oxford University Press Vs DCIT (ITAT Mumbai)
Income Tax Appellate Tribunal (ITAT) Mumbai has allowed Oxford University Press to withdraw its appeal against the final assessment order dated October 31, 2023, for the Assessment Year 2021-22. The appellant informed the tribunal that it intends to opt for the Vivad Se Vishwas Scheme (VSVS) 2024, a tax dispute resolution scheme introduced by the government. Instead of adjourning the hearing, the tribunal dismissed the appeal as withdrawn, allowing the assessee to revive it if the scheme application is unsuccessful.
The counsel for the assessee submitted a request either to keep the appeal in abeyance or grant permission for withdrawal with the liberty to restore it if the application under VSVS 2024 is not accepted. The tribunal referred to CBDT Circular No. 19 of 2024 and Guidance Note 2/2024, FAQ No. 8, which clarifies that appeals pending as of July 22, 2024, remain eligible for settlement under the scheme even if subsequently withdrawn.
The department’s representative (DR) raised no objections to the withdrawal, acknowledging that the appeal’s dismissal would not impact the assessee’s eligibility under the VSVS scheme. The tribunal held that since the appellant is availing of the scheme, the appeal should be dismissed as withdrawn while ensuring that the assessee retains the right to reinstate it if the settlement does not materialize.
