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Facts
The assessee filed an appeal against the order of the Commissioner of Income Tax (Appeals). The Authorized Representative filed an application for withdrawal of the appeal.
Held
The Tribunal considered the assessee's prayer and dismissed the appeal as withdrawn due to the assessee opting for the 'Vivad Se Vishwas Scheme'. The Tribunal clarified that the appeal could be revived under certain conditions.
Key Issues
Whether the appeal can be withdrawn due to the assessee opting for the 'Vivad Se Vishwas Scheme'?
Sections Cited
254(2)
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Income Tax Appellate Tribunal, CHANDIGARH BENCH, ‘B’, CHANDIGARH
Before: SHRI RAJPAL YADAV & SHRI KRINWANT SAHAY
Order Per Krinwant Sahay, AM : Appeal in this case has been filed by the assessee against the order dated 19.08.2023 of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘CIT(A)’], for the Assessment Year 2016-17.
At the outset, an application dated 25.01.2025 has been filed on behalf of the Authorized Representative of the Assessee for withdrawal of this appeal on the ground that the Assessee has opted for Direct Tax 'Vivad Se Vishwas Scheme
564-Chd-2032 Vijay Parkash, Chandigarh
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Considering the prayer of the assessee, this appeal is dismissed as ‘withdrawn’ because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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In the result, appeal of the assessee is dismissed as withdrawn.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 06. 02.2025.