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Facts
The assessee filed an appeal against an order passed under Section 250 of the Income Tax Act, 1961, which was originally based on an order under Section 143(3). During the hearing, the Ld. AR informed the Tribunal that the assessee had opted for the Vivad se Vishwas Scheme, 2024, rendering the appeal infructuous.
Held
The Tribunal permitted the withdrawal of the appeal and dismissed it as withdrawn, noting that the assessee had elected for the Vivad se Vishwas Scheme. The assessee was granted liberty to file a Miscellaneous Application for restoration if subsequent facts warranted a hearing on merits.
Key Issues
Whether the appeal should be withdrawn as infructuous due to the assessee opting for the Direct Tax Vivad se Vishwas Scheme, 2024.
Sections Cited
250, 143(3)
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Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA
Before: SHRI SONJOY SARMA & SHRI RAKESH MISHRA
order
: February 11th, 2025 ORDER
PER RAKESH MISHRA, ACCOUNTANT MEMBER:
This appeal filed by the assessee is against the order of the Ld. Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as “the Ld. CIT(A)”] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2017-18 dated 11.08.2024, which has been passed against the order u/s 143(3) of the Act, dated 17.12.2019.
As per S. No. 10 of the Guidance Note 1/2024 on provisions of the Direct Tax Vivad se Vishwas Scheme, 2024 dated 15th October, 2024, it is mentioned that as per section 91(2) of the Scheme, after filing of declaration, appeals before ITAT/CIT(A)/JCIT(A) are deemed to be withdrawn from the date of issue of certificate by the Designated Authority. Further as per section 91(3) of the Scheme, the taxpayer is required to withdraw appeals and furnish proof thereof along with intimation of payment u/s 92(2) of the Scheme. Since the assessee has requested for withdrawal of the appeal, he is permitted to withdraw the same and the appeal is dismissed as withdrawn. However, if the subsequent facts warrant that the appeal should be heard on merits, the assessee shall be at liberty to file a Miscellaneous Application for restoration of the appeal.