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Facts
The assessee filed an appeal against the order of the CIT(A) for AY 2016-17. The assessee's counsel filed an application for withdrawal of the appeal.
Held
The Tribunal noted that the assessee has availed the benefit of the 'Vivad Se Vishwas Scheme' and resolved the dispute with the revenue. Consequently, the appeal was dismissed as withdrawn.
Key Issues
Whether the appeal can be withdrawn due to settlement under the Vivad Se Vishwas Scheme.
Sections Cited
254(2)
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Income Tax Appellate Tribunal, DIVISION BENCH, ‘B’ CHANDIGARH
Before: SHRI RAJPAL YADAV & SHRI KRINWANT SAHAY
Assessee by : Shri Ashish Aggarwal, CA Revenue by : Dr. Ranjit Kaur, Addl. CIT, Sr.DR Date of Hearing : 29.01.2025 Date of Pronouncement : 30.01.2025 HYBRID 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, Delhi [in short ‘the CIT (A)’] dated 23.02.2024 passed for assessment year 2016-17. 2. The ld. Counsel for the assessee has filed an application for withdrawal of this appeal on the ground that the assessee has availed benefit of 'Vivad Se Vishwas Scheme 2024’ and A.Y.2016-17 2 he has resolved the 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.
Considering the prayer of the assessee, this appeal is dismissed as withdrawn because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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 Section 254(2).
In the result, appeal of the assessee is dismissed as withdrawn.