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Facts
The assessee filed an appeal against the CIT(A)'s order for A.Y. 2012-13. During the hearing, the assessee informed the tribunal that they had applied under 'The Direct Tax Vivad Se Vishwas, 2024' Scheme and had received Form No. 2 from the Income Tax Department, requesting to withdraw the appeal.
Held
The tribunal, noting no objection from the Sr. DR, dismissed the appeal as withdrawn. However, it granted the assessee liberty to revive the appeal by filing a Misc. Application under Section 254(2) of the Income Tax Act if they are unable to avail the benefits of the scheme due to any technicalities.
Key Issues
Whether the appeal should be dismissed as withdrawn given the assessee's application under the Vivad Se Vishwas Scheme, and the conditions under which the appeal could be revived.
Sections Cited
254(2)
AI-generated summary — verify with the full judgment below
Order PER VIKRAM SINGH YADAV, A.M. : The present appeal is directed at the instance of the assessee against the order of Ld. CIT(A)/NFAC, Delhi dated 11/08/20223 passed for A.Y. 2012-13.
During the course of hearing, the ld AR submitted that the assessee has moved an application under “The Direct Tax ‘Vivad Se Vishwas, 2024” Scheme and the Income Tax Department has since issued Form No. 2 dt. 28/01/2025, in response to the application filed by the assessee, therefore, the appeal of the assessee may be allowed to be withdrawn.
The Ld. Sr. DR, on the other hand, was unable to controvert the facts submitted by the assessee and didn’t object to application seeking withdrawal of the subject appeal.
In view of the above, the appeal of the assessee is dismissed as withdrawn. However, it is observed that in case assessee fails to avail the benefit of this scheme due to any technicalities, then assessee will be at liberty to get this appeal revived by filing a Misc. Application. This application should be filed within limitation period provided u/s 254(2) of the Act.
In light of aforesaid, the appeal of the assessee is dismissed as withdrawn.