The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) in Mumbai, allowed Oxford University Press to withdraw its appeal as the company opts for the Vivad Se Vishwas Scheme (VSVS) 2024.
The appeal was filed by Oxford University Press against the final assessment order dated October 31, 2023, which was passed by the Assessing Officer (AO) following directions from the Dispute Resolution Panel (DRP).
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The counsel on behalf of the assessee informed the Mumbai ITAT that the company was in the process of filing an application under the Direct Tax Vivad Se Vishwas Scheme (DTVSV) 2024. The counsel requested that the appeal either be kept in abeyance or dismissed as withdrawn, with the liberty to restore or revise the appeal in case the application under the DTVSV Scheme was not accepted by the tax department.
The counsel referenced Circular No. 20/2024, issued by the Central Board of Direct Taxes (CBDT) on December 30, 2024, which extended the deadline for opting into the DTVSV Scheme from December 31, 2024, to January 31, 2025, as this extension allowed Oxford University Press additional time to finalize and submit Form 1, the declaration form required under the scheme.
The tribunal decided against adjourning the hearing and instead chose to dismiss the appeal as withdrawn. This decision was based on Circular No. 19 of 2024, dated December 16, 2024, and Guidance Note 2/2024, which clarified that even if an appeal is dismissed as withdrawn, the taxpayer remains eligible for settlement under the DTVSV Scheme, provided the appeal was pending as of July 22, 2024.
The bench noted that Oxford University Press’s appeal was indeed pending on that date, making the company eligible for the scheme.
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The ITAT also noted that the Departmental Representative (DR) had no objections to dismissing the appeal as withdrawn, given that Oxford University Press was availing itself of the VSVS Scheme.
In conclusion, the bench consisting of Amarjit Singh (accountant member) and Amit Shukla (judicial member) dismissed the appeal as withdrawn, with the provision that the company could restore or revive the appeal if the tax department did not accept its application under the DTVSV scheme.
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