PRAKASH NAYAK,BENGALURU V. INCOME TAX OFFICER WARD 5(3)(3), BENGALURU

ITA 941/BANG/2025

AI Insights

The case involves Prakash Nayak, the appellant, who contested an order from the National Faceless Appeal Centre (NFAC), Delhi, for the assessment year 2016-17. The dispute was settled under the Vivad Se Vishwas (VSV) Scheme 2024, a government initiative aimed at resolving pending tax disputes. During the tribunal proceedings, the assessee's representative submitted Form-4, indicating compliance with the scheme, and requested the withdrawal of the appeal. The Departmental Representative did not object to the dismissal of the appeal based on the settlement. Consequently, the tribunal dismissed the appeal, subject to the condition that the assessee could restore the appeal if the settlement was later found to be invalid.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 777093 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2025
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 23-04-2025
• Laws Referred To: Direct Tax Vivad se Vishwas Scheme (DTVSV), 2024
• Court: TRIBUNAL
• Department Lawyers: GANESH R GALE; STANDING COUNSEL DEPT
• Assessee Lawyers: ANOOP KUMAR AGARWAL
• Keywords: Competent authority

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL ‘SMC’ BENCH, BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER ITA No. 941/Bang/2025 Assessment Year: 2016-17 Prakash Nayak, 437, SV Brindavanam, Panathur Main Road, Bengaluru – 560 103. PAN – ARAPN 5049 H Vs. The Income Tax Officer, Ward – 5(3)(3), Bengaluru. . APPELLANT RESPONDENT Assessee by : Shri Anoop Kumar Agarwal, .AR Revenue by : Shri Ganesh R Gale, Standing Counsel for Dept. (DR) Date of hearing : 25.06.2025 Date of Pronouncement : 16.09.2025 O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER: This appeal filed by the assessee is against the order of NFAC, Delhi, order dated 19-03-2025 vide DIN No. ITBA/NFAC/S/250/2024- 25/1074695237(1) for the assessment year 2016-17. 2. In the present appeal, the assessee has contended that he has settled the dispute under Vivad Se Vishwas (VSV) Scheme 2024 introduced by the Government of India. Accordingly, during the course of the proceedings before us, the ld. Authorized Representative (AR) of the Assessee filed Form-4 as prescribed under the Direct Tax Vivad se Printed from counselvise.com ITA No.941/Bang/2025 Page 2 of 3 . Vishwas Scheme (DTVSV), 2024, issued by the Competent Authority in support of his contention. Accordingly, the ld. AR filed the letter dated 25-06-2025 requesting for the withdrawal of appeal. 3. The Learned Departmental Representative (DR) confirmed the submission of the AR and raised no objection to the dismissal of the appeal in light of the settlement of dispute under DTVSV, 2024. 4. Considering the submission of the parties and in view of the fact that Form-4 has been issued by the revenue authority, we dismiss this appeal as the issue got resolved under the Direct Tax Vivad se Vishwas Scheme, 2024. However, before parting it is clarified that in the event the Competent Authority under DTVSV, 2024, for any reason, deems the settlement to be non-operative or invalid, the assessee shall be at liberty to approach the Tribunal by filing a suitable application for restoration of the appeal to its original number as per the provisions of law. 5. In the result, the appeal filed by the Assessee is hereby dismissed under DTVSV 2024. Order pronounced in court on 16th day of September, 2025 Sd/- Sd/- (KESHAV DUBEY) (WASEEM AHMED) Judicial Member Accountant Member Bangalore Dated, 16th September, 2025 / vms / Printed from counselvise.com ITA No.941/Bang/2025 Page 3 of 3 . Copy to: 1. The Applicant 2. The Respondent 3. The CIT 4. The CIT(A) 5. The DR, ITAT, Bangalore. 6. Guard file By order Asst. Registrar, ITAT, Bangalore Printed from counselvise.com "