SH. PAWAN KUMAR,PANCHKULA vs. ACIT, CIRCLE, PANCHKULA

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ITA 369/CHANDI/2023Status: DisposedITAT Chandigarh04 February 2025AY 2015-16Bench: SHRI RAJPAL YADAV (Vice President), SHRI KRINWANT SAHAY (Accountant Member)1 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

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The Tribunal dismissed the appeal as withdrawn, considering the settlement of the dispute under the 'Vivad Se Vishwas Scheme'. The Tribunal also clarified that the appeal could be revived if the assessee failed 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 CIT(A) for assessment year 2015-16. The assessee later applied for withdrawal of the appeal stating they opted for the 'Vivad Se Vishwas Scheme 2024' and resolved the dispute with the Revenue.

What were the issues?

Whether the appeal can be dismissed as withdrawn due to opting for the 'Vivad Se Vishwas Scheme'?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

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

Before: SHRI RAJPAL YADAV & SHRI KRINWANT SAHAY

For Appellant: Shri Parikshit Aggarwal, CA
For Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr.DR
Hearing: 31.01.2025

Assessee by : Shri Parikshit Aggarwal, CA Revenue by : Dr. Ranjit Kaur, Addl. CIT, Sr.DR Date of Hearing : 31.01.2025 Date of Pronouncement : 04 .02.2025 PHYSICAL HEARING O R D E R PER RAJ PAL YADAV, VP The assessee is in appeal before the Tribunal against the order of the Commissioner of Income Tax (Appeals) NFAC [in short ‘the CIT (A)’] dated 19.05.2023 passed for assessment year 2015-16.

2.

The assessee has filed an application for withdrawal of this appeal on the ground that he has opted for benefit of 'Vivad Se Vishwas Scheme 2024’ and he has resolved the A.Y.2015-16 2 dispute with the Revenue under this Scheme. 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Considering the prayer of the assessee, this appeal is dismissed as withdrawn because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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 failed 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.

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