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Facts
The assessee filed an appeal against the order of the CIT(A). During the proceedings, the assessee applied for withdrawal of the appeal as they had opted for the 'Vivad Se Vishwas Scheme 2024'.
Held
The Tribunal considered the assessee's prayer and dismissed the appeal as withdrawn due to the settlement of dispute under the 'Vivad Se Vishwas Scheme'. It was clarified that the appeal could be revived if the assessee failed to avail the full benefit of the scheme due to technicalities.
Key Issues
Whether the appeal can be withdrawn due to opting for the 'Vivad Se Vishwas Scheme' and if it can be revived under certain conditions.
Sections Cited
254(2)
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Income Tax Appellate Tribunal, CHANDIGARH BENCH, ‘A’, CHANDIGARH
Before: SHRI RAJPAL YADAV & SHRI KRINWANT SAHAY
Order Per Krinwant Sahay, AM: Appeal in this case has been filed by the assessee against the order dated 28.06.2024 of Ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi.
During the proceedings, none appeared on behalf of the Assessee. However, an application has been filed by the Ld. AR of the Assessee for withdrawal of this appeal on the ground 178-Chd-2054 Parvinder Kaur, Pehowa 2 that the Assessee has opted for the 'Vivad Se Vishwas Scheme 2024’ and sought permission of the Bench to withdraw the aforementioned appeal. Necessary certificate in Form No.2 under Rule 5 has been issued to him.
Considering the prayer of the assessee, this appeal is dismissed as ‘withdrawn’ because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous. However, it is made clear that in case, on account of some technicalities, assessee fails to avail the full benefit of this Scheme, then both sides will be at liberty to get the appeal revived after filing of application under Section 254(2) of the Income Tax Act. Such application be filed within due date of limitation provided under this Scheme.
In the result, appeal of the assessee is dismissed as withdrawn.
Order pronounced on 03.07.2025. ( RAJPAL YADAV ) Accountant Member “आर.के.”