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Facts
The assessee filed an appeal before the Tribunal, which was delayed by 40 days. The assessee's counsel filed an application for condonation of delay due to changes in Branch Managers. Subsequently, the assessee sought to withdraw the appeal, having opted for the 'Vivad Se Vishwas Scheme'.
Held
The Tribunal condoned the delay of 40 days in filing the appeal. However, considering the assessee's application to withdraw the appeal due to settlement under the 'Vivad Se Vishwas Scheme', the appeal was dismissed as withdrawn.
Key Issues
Whether to condone the delay in filing the appeal and whether to allow the withdrawal of appeal due to settlement under 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 20.03.2023 of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘CIT(A)’], for the Assessment Year 2012-13.
The Registry has pointed out that there is a delay of 40 days in filing of the appeal before the Tribunal. The ld.
414-Chd-2023 Punjab National Bank, Dharmshala
2 Counsel for the Assessee has filed a letter dated 23.7.2024 for condonation of delay on behalf of Punjab National Bank, Dharmshala, which is reproduced as under:-
414-Chd-2023 Punjab National Bank, Dharmshala
In the affidavit, the Branch Manager of the Punjab National Bank (PNB), Dharmshala has intimated that the delay was because the Branch Manager of the Dal Lake branch of 414-Chd-2023 Punjab National Bank, Dharmshala
4 the PNB was changed and the appeal was filed only on the joining of the new incumbent, therefore, there was a delay.
We have considered the issue of delay in filing the appeal and the reasons furnished for the delay. After considering the same, the delay of 40 days in filing the appeal is hereby condoned.
During proceedings before us, no one appeared on behalf of the Assessee. However, an application has been filed on behalf of the Authorized Representative of the Assessee for withdrawal of this appeal on the ground that he has opted to avail the benefit of Direct Tax '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.
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
414-Chd-2023 Punjab National Bank, Dharmshala 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 30.01.2025.