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Facts
The assessee filed an appeal against the order of the Commissioner of Income Tax (Appeals). During the proceedings, the assessee's counsel filed an application for withdrawal, stating that the assessee opted for the 'Vivad Se Vishwas Scheme 2024'.
Held
The Tribunal considered the withdrawal application and dismissed the appeal as withdrawn, as the dispute settlement under the 'Vivad Se Vishwas Scheme' rendered the appeal infructuous. It also clarified that the appeal could be revived under Section 254(2) of the Income Tax Act if the assessee fails to get the full benefit of the scheme due to technicalities.
Key Issues
Whether the appeal can be withdrawn when the assessee has opted for a settlement scheme, and under what conditions it can be revived.
Sections Cited
254(2)
AI-generated summary — verify with the full judgment below
Order Per Bench : Appeal in this case has been filed by the assessee against the order dated 26.04.2024 of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi for the Assessment Year 2013-14.
During the proceedings, none appeared on behalf of the Assessee. However, an application dated 22.02.2025 through e.mail has been filed by the Counsel of the Assessee for withdrawal of this appeal on the ground that the Assessee has opted to take benefit under the Direct Tax 'Vivad Se Vishwas 724-Chd-2024 Vijay Sharma, Ropar 2 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Considering the prayer of the assessee, this appeal is dismissed as ‘withdrawn’ because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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In the result, appeal of the assessee is dismissed as withdrawn.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. ( KRINWANT SAHAY ) Vice President “आर.के.”