THE THANESAR CO-OP MARKETING CUM PROCESSING SOCIETY LIMITED,KURUKSHETRA, HARYANA vs. INCOME TAX OFFICER, WARD-1, KURUKSHETRA, HARYANA, KURUKSHETRA, HARYANA

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ITA 798/CHANDI/2023Status: DisposedITAT Chandigarh12 February 2025AY 2015-16Bench: SHRI VIKRAM SINGH YADAV (Accountant Member), SHRI PARESH M. JOSHI (Judicial Member)4 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that the appeal is dismissed as withdrawn due to the settlement under the 'Vivad Se Vishwas Scheme'. However, it was clarified that the appeal can be revived if the assessee fails to get the full benefit of the scheme due to technicalities.

What were the facts?

The assessee filed an appeal against the order of the Commissioner of Income Tax (Appeals). During the pendency of the appeal, the assessee opted for the 'Vivad Se Vishwas Scheme, 2024'. Consequently, a certificate was issued confirming the resolution of the dispute.

What were the issues?

Whether the appeal can be withdrawn as the assessee has opted for the 'Vivad Se Vishwas Scheme' and if there are provisions for revival in case of technical failure.

Which sections of the Income-tax Act were involved?

Section 92(1),Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CHANDIGARH BENCH, ‘B’, CHANDIGARH

Before: SHRI VIKRAM SINGH YADAV & SHRI PARESH M. JOSHI

For Appellant: Shri B M Monga, Advocate and Shri Rohit Kaura, Advocate
Hearing: 12.02.2025Pronounced: 12.02.2025

( Hybrid Hearing ) �नधा�रती क� ओर से/Assessee by : Shri B M Monga, Advocate and Shri Rohit Kaura, Advocate राज�व क� ओर से/ Revenue by : Shri Dharam Vir, Addl. CIT Sr.DR सुनवाई क� तार�ख/Date of Hearing : 12.02.2025 उदघोषणा क� तार�ख/Date of Pronouncement : 12.02.2025 आदेश/Order Per Paresh M. Joshi, JM :

Appeal in this case has been filed by the assessee against the order dated 16.10.2023 of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi for the Assessment Year 2015-16.

798-Chd-2023 The Thanesar Coop Marketing Cum Processing Society Ltd, Kurukshetra 2

2.

The Ld. Authorized Representative on behalf of the Assessee, has filed an application dated 23.12.2024 for withdrawal of this appeal on the ground that he has opted to avail benefit of 'Vivad Se Vishwas Scheme, 2024’ and has accordingly filed the requisite Form (1) under the Scheme and Form 2 has been issued to the Assessee by the Department on 19.12.2024. It has further been submitted that the Designated Authority under the said scheme has issued the necessary Certificate under section 92(1) the Finance (No.2) Act, 2024 confirming the resolution of dispute by determining the amount payable by the Assessee. As such a prayer has been made by the Assessee for withdrawal of the captioned appeal.

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.

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