Loading judgment…
Facts
The assessee appealed against a CIT(A) order for AY 2018-19. Subsequently, the assessee applied for the 'Vivad Se Vishwas Scheme 2024' but had not yet received Form No. 2. The Ld. DR had no objection to the withdrawal of the appeal.
Held
The Tribunal dismissed the appeal as withdrawn because the assessee opted for the Vivad Se Vishwas Scheme, rendering the appeal infructuous. It was clarified that if the assessee fails to obtain the full benefit of the Scheme for technical reasons, both parties are at liberty to seek revival of the appeal under Section 254(2) of the Income Tax Act within the prescribed limitations.
Key Issues
Whether an appeal should be dismissed as withdrawn when the assessee opts for the 'Vivad Se Vishwas Scheme', and the conditions for its potential revival under the Income Tax Act.
Sections Cited
254(2)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DIVISION BENCH, ‘B’ CHANDIGARH
Before: SHRILALIET KUMAR & SHRI MANOJ KUMAR AGGARWAL
The assessee is in appeal before the Tribunal against the order of the Commissioner of Income Tax (Appeals)NFAC [in short ‘the CIT (A)’] dated 24.03.2023, passed for the assessment year 2018-19.
The assessee filed an application dated 15.02.2025 stating that he has opted for the benefit of 'Vivad Se Vishwas Scheme 2024’ and has not yet received Form No. 2.
Ld. DR has no objection for withdrawal / dismissal of the appeal of the assessee.
A.Y.2018-19 2 4. We have heard the rival contention of the parties and perused the material available on the record. It has been issued by the Ld. DR that Form 2 of the Vivad Se Vishwas Scheme shall be issued very shortly. Considering the facts and circumstances of the case, the appeal is dismissed as withdrawn, in view of the dispute settlement under the 'Vivad Se Vishwas Scheme,' rendering it infructuous. However, it is clarified that in the event the assessee, due to any technical reasons, fails to avail the full benefit of the said Scheme, both parties shall be at liberty to seek revival of the appeal by filing an appropriate application under Section 254(2) of the Income Tax Act. Any such application shall be filed within the period of limitations prescribed under the Scheme. As a result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced on 21/04/2025.