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Facts
The assessee filed an appeal against the order of the Commissioner of Income Tax (Appeals). The assessee later filed an application to withdraw the appeal, having opted for the 'Vivad Se Vishwas Scheme 2024'.
Held
The Tribunal dismissed the appeal as withdrawn, noting that the settlement under the 'Vivad Se Vishwas Scheme' made the appeal infructuous. It was clarified that the appeal could be revived under specific conditions.
Key Issues
Whether the appeal should be dismissed as withdrawn due to the assessee opting for the 'Vivad Se Vishwas Scheme'.
Sections Cited
254(2)
AI-generated summary — verify with the full judgment below
Order Per Bench : Appeal in this case has been filed by the assessee against the order dated 18.02.2024 of ld. Commissioner of Income Tax (Appeals)-5, for the Assessment Year 2018-19.
The Ld. Counsel, on behalf of the Assessee, has filed an application dated 17.05.2025 for withdrawal of this appeal on the ground that the Assessee has opted for the 'Vivad Se Vishwas Scheme 2024’ and sought permission of the Bench to 373-Chd-2024 Ganpati Townships Limited, Bathinda 2 withdraw the aforementioned appeal. Necessary certificate in Form No.2 under Rule 5 has been issued to him which is placed on record.
Considering the prayer of the assessee, this appeal is dismissed as ‘withdrawn’ because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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In the result, appeal of the assessee is dismissed as withdrawn.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 20.05.2025. ( RAJPAL YADAV ) Accountant Member “आर.के.”