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Facts
The assessee filed an appeal before the Tribunal against the order of the Commissioner of Income Tax (Appeals) for AY 2011-12. Subsequently, the assessee sought to withdraw the appeal, stating that the dispute had been resolved under the 'Vivad Se Vishwas Scheme 2024' and a Form No.2 certificate was issued.
Held
The Tribunal dismissed the appeal as withdrawn, considering it infructuous due to the settlement under the 'Vivad Se Vishwas Scheme'. It was clarified that if the assessee faces technical issues in availing the full benefit of the scheme, either party could apply under Section 254(2) of the Income Tax Act to revive the appeal within the scheme's limitation period.
Key Issues
Whether an appeal becomes infructuous and should be dismissed as withdrawn upon settlement under the 'Vivad Se Vishwas Scheme', and the conditions for its potential revival.
Sections Cited
254(2)
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Income Tax Appellate Tribunal, DIVISION BENCH, ‘B’ CHANDIGARH
Before: SHRI LALIET KUMAR & SHRI KRINWANT SAHAY
O R D E R PER KRINWANT SAHAY, AM
The assessee is in appeal before the Tribunal against the order of the Commissioner of Income Tax (Appeals) [in short ‘the CIT (A)’] dated 26.06.2023 passed for assessment year 2011-12.
The assessee has filed an application for withdrawal of this appeal on the ground that he has availed benefit of 'Vivad Se Vishwas A.Y.2011-12 2 Scheme 2024’ and he has resolved the dispute with the Revenue under this Scheme. 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Considering the prayer of the assessee, this appeal is dismissed as withdrawn because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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 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.
In the result, appeal of the assessee is dismissed as withdrawn.
Order pronounced on 11.03.2025.