Tribunals and CommissionsDivision Bench(2026) 04 ITAT CK 3866

Farfetch India Pvt. Ltd. vs Income Tax Officer

Income Tax Appellate Tribunal, Delhi · Decided on 8 April 2026

HON’BLE JUDGES
Raj Kumar Chauhan, Judicial Member · Manish Agarwal, Accountant Member
RESULT
Dismissed
CASE NUMBER
ITA No. 5573/Del/2024

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Judgment

16 paragraphs · 632 words

Per Raj Kumar Chauhan, Judicial Member:

This appeal is filed by the appellant/assessee against the assessment order dated 29.09.2024 passed u/s 143(3) r.w.s.

144C(13) of the Income Tax Act, 1961 (‘the Act’) , in pursuance to the direction of ld. Disp ute Resolutio n Panel- 1, New Delhi (Ld. DRP) u/s 144C(5) of the Act dated 29.08.2024.

2.

At the o utset, our attention was drawn towards le tter dated 17.04.2025 wherein the assessee has requested to withdraw the appeal. The operative portion of the le tter extracted as under:

2 ITA No. 5573/Del/2024

“Sub: Petition for Withdrawal of Appeal on account of declaratio n under The Direct Tax Vivad Se Vishwas Scheme, 2024.

This is with reference to the appeal filed by the Appellant before your Honour on 29th Novemb er, 2024 vide ITA 5555/DEL/2024. The abovementioned appeal was filed against assessme nt order dated 28th September 2024, passed under section 143(3) read with section 144C(13) of the Income-tax Act, 1961. A copy of the acknowledgme nt of filing of appeal before your Hono ur is enclosed herewith as Annexure 1.

In this regard, the Appellant humbly submits that it has op ted for Direct Tax Vivad se Vishwas Scheme, 2024 and accordingly filed a declaratio n under section 91 of the Finance (No . 2) Act, 2024 under the Direct Tax Vivad Se Vi shw as Scheme, 2024 (DTVSV Scheme) and Rule 4 of the D irect Tax Vivad se Vishwas Rules, 2024 (“VSV Rul es’) in Form No. 1 vide acknowledgment number 777461470271224 dated 27th Dece mber 2024. A copy of duly signed and verified For m No. 1 dated 27th December, 2 024 is enclosed as Annexure 2.

Subseq uently, the Appellant was granted a certificate under Section 92(1) of DTVSV Scheme and Rule 5 of VSV Rules by the Designated Authority in Form No . 2 dated 09th Apr il 2025. Copy of the certificate granted in Form No. 2 is enclosed herewith as Annexure 3.

In accordance with Section 91 of DTVSV Scheme, the captio ned appeal must be withdrawn after issuance of certificate under section 92(1) and proof of such withdrawal alo ng with the intimation of payment to the designated authority shall be submitted before the Designated Authority under the DTVSV Scheme.

Given the above, it is most humb ly requested before your Honour that the Appellant be allowed its petition for withdrawal of appeal along wi th a liberty to revive it again, in case the declaratio n made under the above mentioned provisions of the DTVSV Scheme and VSV rules is rejected or withdrawn or cancelled and/or in a case where the order und er 3 ITA No. 5573/Del/2024 Rule 7 o f the VSV Rules is not issued/acceptable to the Appellant.”

3.

Further, the assessee has moved an application dated 08.04.2026 stated as under:

“The assesse e had opt ed for settle ment under the Direct Tax Viva d se Vi shwas Sc heme (“DTVSVS”), 2024 and, i n furtherance ther eof, d uly filed F orm Nos. 1 and 3 in res pect of the dispute arising from t he r eleva nt assessment order. S ubs equently, the Depart ment has issued Form No. 4 (enclosed a s Annexure 4) evidenc ing tha t the fi nal tax payabl e under t he scheme has been dul y dischar ged by t he asses see.”

4.

On the other hand, Ld. DR did not object to the said request of withdrawal.

5.

Considering t he contents o f the letter as mentioned above, we allow the request of the assessee for withdrawing the present appeal.

6.

In the result, the appeal filed by the assessee is dis missed as withdrawn. Order Pronounced in the Open Court o n 08/04/2026.