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Facts
The assessee filed an appeal against the order of the CIT(A). During the proceedings, the assessee filed an application to withdraw the appeal, having opted for the 'Vivad Se Vishwas Scheme 2024'.
Held
The Tribunal noted that the appeal had become infructuous due to the settlement under the 'Vivad Se Vishwas Scheme'. It was held that the appeal is dismissed as withdrawn.
Key Issues
Whether the appeal can be withdrawn by the assessee due to opting for the Vivad Se Vishwas Scheme, and whether the appeal becomes infructuous.
Sections Cited
254(2)
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Order Per Bench : Appeal in this case has been filed by the assessee against the order dated 20.03.2024 of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘CIT(A)’], for the Assessment Year 2011-12.
During the proceedings, an application dated 11.02.2025 (wrongly written as 11.02.2024) has been filed by the Counsel of the Assessee for withdrawal of this appeal on the ground that the Assessee has filed an application in Form 1 under the 525-Chd-2024 Gurmail Singh, Chandigarh
2 'Vivad Se Vishwas Scheme 2024’ and sought permission of the Bench to withdraw the aforementioned appeal. 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Considering the prayer of the assessee, this appeal is dismissed as ‘withdrawn’ because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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 fails 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In the result, appeal of the assessee is dismissed as withdrawn.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 25.02.2025.