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Facts
The assessee filed appeals against the orders of the CIT(A) for Assessment Years 2016-17 and 2017-18. The assessee subsequently applied for withdrawal of these appeals, stating that they had availed the benefits of the 'Vivad Se Vishwas Scheme 2024' and settled the dispute with the Revenue.
Held
The Income Tax Appellate Tribunal dismissed both appeals as withdrawn, considering the settlement under the 'Vivad Se Vishwas Scheme'. The Tribunal clarified that if the assessee failed to avail the full benefit of the Scheme due to technicalities, either party could apply to revive the appeals under Section 254(2) of the Income Tax Act within the prescribed limitation period.
Key Issues
Whether appeals can be dismissed as withdrawn and infructuous when the dispute is settled under the 'Vivad Se Vishwas Scheme 2024', and the procedure for revival of such appeals under the Income Tax Act.
Sections Cited
254(2)
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Income Tax Appellate Tribunal, DIVISION BENCH, ‘A’ CHANDIGARH
Before: SHRI RAJPAL YADAV & SHRI MANOJ KUMAR AGGARWAL
Assessee by : None (withdrawal application ) Revenue by : Shri Vivek Vardhan, Addl. CIT, Sr.DR Date of Hearing : 11.03.2025 Date of Pronouncement : 12.03.2025 PHYSICAL HEARING O R D E R PER RAJ PAL YADAV, VP In both the appeals, the assessee is in appeal before the Tribunal against the separate order of the Commissioner & 310/CHD/2023 A.Y.2016-17 & 2017-18 2 of Income Tax (Appeals) [in short ‘the CIT (A)’] dated 24.03.2023 passed for assessment year 2016-17 and 2017- 18 respectively.
The assessee has filed applications for withdrawal of these appeals on the ground that he 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 to him 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Considering the prayer of the assessee, these appeals are dismissed as withdrawn because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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 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. & 310/CHD/2023 A.Y.2016-17 & 2017-18 3
In the result, appeals of the assessee are dismissed as withdrawn.