ITAT dismisses Tax Appeal as assessee Applies for Vivad Se Vishwas Scheme [Read Order]
ITAT dismisses tax appeal after VSV Scheme adoption, granting liberty to revive
![ITAT dismisses Tax Appeal as assessee Applies for Vivad Se Vishwas Scheme [Read Order] ITAT dismisses Tax Appeal as assessee Applies for Vivad Se Vishwas Scheme [Read Order]](https://www.taxscan.in/wp-content/uploads/2025/03/ITAT-ITAT-dismisses-tax-appeal-tax-appeal-appeal-as-assessee-applies-Vivad-Se-Vishwas-Scheme-assessee-applies-for-Vivad-Se-Vishwas-Scheme-taxscan.jpg)
In a recent case, the Income Tax Appellate Tribunal (ITAT) in Mumbai granted the assessee's request to drop their appeal after the assessee opted for the Vivad Se Vishwas (VSV) Scheme.
The assessee, Pesticides Manufacturers and Formulators Association of India (PMFAI), was aggrieved by the order dated 23.11.2023 passed by the National Faceless Assessment Centre (NFAC), Delhi.
In response, the assessee filed an appeal before the Income Tax Appellate Tribunal (ITAT), Mumbai, challenging the quantum of assessment passed under Section 143(3) of the Income Tax Act for the Assessment Year 2020-21.
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The counsel, Mayank Thosar representing the assessee submitted that the assessee had opted for the VSV Scheme and filed Form-1 as required under the scheme's provisions. It was contended that the appeal should be permitted to be withdrawn, with a liberty to revive it in case the application was not accepted.
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The Direct Tax Vivad se Vishwas Scheme, 2024 (DTVSV Scheme, 2024), enacted through the Finance (No. 2) Act, 2024, was notified by the Indian government with the purpose to resolve pending income tax appeals. This scheme offers a mechanism for taxpayers to settle disputes and reduce the backlog of litigation.
The counsel, Mahesh Pamnani, representing the revenue, did not raise any objections to the withdrawal of the appeal.
The division bench comprising Amit Shukla ( judicial member ) and Renu Jauhri (accountant member) took note of the assessee’s submission and the revenue’s non-objection.
The tribunal observed that since the assessee had filed Form-1 under the VSV Scheme, the appeal was liable to be dismissed as withdrawn. However, the tribunal granted liberty to the assessee to revive the appeal if the settlement application was not ultimately accepted. Thus, the appeal was dismissed by the tribunal.
To Read the full text of the Order CLICK HERE
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