AMIT SUDHERA,BARNALA, PUNJAB vs. ITO WARD 1, BARNALA

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ITA 166/CHANDI/2024Status: DisposedITAT Chandigarh05 March 2025AY 2017-18Bench: SHRI RAJPAL YADAV (Vice President)1 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal considered the assessee's prayer for withdrawal and dismissed the appeal as withdrawn. It was noted that the settlement under the 'Vivad Se Vishwas Scheme' rendered the appeal infructuous.

What were the facts?

The assessee filed an appeal against the order of the CIT(Appeals) for assessment year 2017-18. The assessee later filed an application for withdrawal of the appeal, stating they had availed the benefit of the 'Vivad Se Vishwas Scheme 2024' and resolved the dispute.

What were the issues?

Whether the appeal can be dismissed as withdrawn due to settlement under the 'Vivad Se Vishwas Scheme'?

Which sections of the Income-tax Act were involved?

Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CHANDIGRH BENCH, ‘SMC’ CHANDIGARH

Before: SHRI RAJPAL YADAV

For Respondent: Shri Vivek Vardhan, Addl. CIT Sr.DR
Hearing: 03.03.2025Pronounced: 05.03.2025

HYBRID HEARING O R D E R The assessee is in appeal before the Tribunal against the order of ld. CIT(Appeals) NFAC dated 28.12.2023 passed for assessment year 2017-18. 2. The assessee has filed an application for withdrawal of this appeal 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 A.Y.2017-18 2 certificate in Form No.2 under Rule 5 has been issued to him which is placed on record.

3.

Considering the prayer of the assessee, this appeal is dismissed as withdrawn because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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.

4.

In the result, appeal of the assessee is dismissed as withdrawn.

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