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Facts
The assessee filed appeals against orders of the CIT(A) for the Assessment Year 2010-11. During the proceedings, the assessee applied for withdrawal of these appeals.
Held
The Tribunal allowed the assessee's prayer to withdraw the appeals, noting that they became infructuous due to opting for the Vivad Se Vishwas Scheme.
Key Issues
Whether the appeals can be withdrawn as 'infructuous' due to opting for the Vivad Se Vishwas Scheme and if they can be revived later.
Sections Cited
254(2)
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Order Per Bench : Both the appeals have been filed by the assessee against the separate orders dated 20.10.2023 and 24.11.2023 respectively of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘CIT(A)’], for the Assessment Year 2010-11.
During the proceedings, an application dated 23.01.2025 has been filed by the Counsel of the Assessee for withdrawal of aforesaid appeals on the ground that the Assessee has opted
758 & 759-Chd-2023 Anju Kaushal, Panchkula
2 for Direct Tax 'Vivad Se Vishwas Scheme 2024’ and sought permission of the Bench to withdraw the aforementioned appeals. 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Considering the prayer of the assessee, both the appeals are dismissed as ‘withdrawn’ because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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 fails 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 application be filed within due date of limitation provided under this Scheme.
In the result, both the appeals are dismissed as withdrawn.
Order pronounced on 25.02.2025.