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Facts
The assessee filed an appeal against the order of the Addl./Joint Commissioner of Income Tax (Appeals). During the proceedings, the assessee filed an application to withdraw the appeal as they had applied under the 'Vivad Se Vishwas Scheme'.
Held
The Tribunal considered the assessee's prayer for withdrawal. The appeal was dismissed as withdrawn because the settlement under the 'Vivad Se Vishwas Scheme' rendered the appeal infructuous. However, the assessee was given liberty to revive the appeal if they failed to avail the scheme benefits due to technicalities.
Key Issues
Whether the appeal can be withdrawn and dismissed as withdrawn due to the assessee opting for the 'Vivad Se Vishwas Scheme'?
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 18.06.2024 of ld. Addl. / Joint Commissioner of Income Tax (Appeals)-1, Delhi for the Assessment Year 2015-16.
During the proceedings, an application dated 31.01.2025 has been filed by the Counsel of the Assessee for withdrawal of this appeal on the ground that the Assessee has moved an application under the Direct Tax 'Vivad Se Vishwas Scheme 830-Chd-2024 Sandhya Rani, Yamunanagar 2 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Considering the prayer of the assessee, this appeal is dismissed as ‘withdrawn’ because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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In the result, appeal of the assessee is dismissed as withdrawn.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.”