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Facts
The assessee filed an application for withdrawal of appeals citing their availing of the 'Vivad Se Vishwas Scheme 2024' to resolve the dispute with the Revenue. Necessary certificates were issued and placed on record.
Held
The Tribunal dismissed the appeals as withdrawn due to the settlement under the 'Vivad Se Vishwas Scheme'. It clarified that appeals could be revived under Section 254(2) of the Income Tax Act if the full benefit of the scheme was not availed due to technicalities, provided the application is filed within the due date of limitation.
Key Issues
Whether the appeals can be dismissed as withdrawn due to the settlement under the Vivad Se Vishwas Scheme, and under what conditions they can be revived.
Sections Cited
254(2)
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Income Tax Appellate Tribunal, DIVISION BENCH, ‘B’ CHANDIGARH
Before: SHRI RAJPAL YADAV & SHRI KRINWANT SAHAY
O R D E R PER BENCH The captioned appeals have been filed by the assessee before the Tribunal against the separate order of the Commissioner of Income Tax (Appeals) [in short ‘the CIT (A)’] dated 09.10.2024 passed for assessment years 2012-13 to 2015-16.
In all the aforementioned appeals, the assessee has filed an application for withdrawal of the appeal on the ground that he to 1121/CHD/2024 A.Y.2012-13 to 2015-16 2 has availed benefit of 'Vivad Se Vishwas Scheme 2024’ and he has resolved the dispute with the Revenue under this Scheme.
Necessary certificates in Form No.2 under Rule 5 have been issued, which are placed on record.
Considering the prayer of the assessee, these appeals are dismissed as withdrawn because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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 failed to avail the full benefit of this Scheme, then both sides will be at liberty to get the appeals revived after filing of application under Section 254(2) of the Income Tax Act. Such applications be filed within due date of limitation provided under this Scheme.
In the result, appeals of the assessee are dismissed as withdrawn.