LEELA DUTT SHARMA,CHANDIGARH vs. INCOME TAX OFFICER, WARD 5(5), CHANDIGARH

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ITA 929/CHANDI/2024Status: DisposedITAT Chandigarh25 February 2025AY 2017-18Bench: SHRI RAJPAL YADAV (Vice President), SHRI KRINWANT SAHAY (Accountant Member)1 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn, considering the settlement of the dispute under the 'Vivad Se Vishwas Scheme'. It was clarified that the appeal could be revived under certain conditions.

What were the 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 as they had opted for the 'Vivad Se Vishwas Scheme 2024'.

What were the issues?

Whether the appeal can be withdrawn by the assessee due to opting for the 'Vivad Se Vishwas Scheme'?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

Order Per Bench : Appeal in this case has been filed by the assessee against the order dated 16.08.2024 of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘CIT(A)’], for the Assessment Year 2017-18.

2.

During the proceedings, none appeared on behalf of the Assessee. However, an application dated 30.01.2025 has been filed by the Assessee for withdrawal of this appeal on the 929-Chd-2024 Leela Dutt Sharma, Chandigarh 2 ground that the Assessee has opted for the '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.

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Considering the prayer of the assessee, this appeal is dismissed as ‘withdrawn’ because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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

4.

In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced on 25.02.2025. ( RAJPAL YADAV ) Accountant Member “आर.के.”

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