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Facts
The assessee, Jagtar Singh, had appealed against a CIT(A) order for Assessment Year 2014-15. The assessee applied to withdraw the appeal, informing the Tribunal that the dispute had been settled under the Direct Tax 'Vivad Se Vishwas Scheme, 2024', with a certificate issued by the Designated Authority confirming resolution.
Held
The Tribunal dismissed the appeal as withdrawn, deeming it infructuous due to the settlement under the Vivad Se Vishwas Scheme. It clarified that if the assessee faced technicalities preventing full benefit from the scheme, both parties retained the liberty to seek revival of the appeal by filing an application under Section 254(2) of the Income Tax Act within the stipulated limitation period.
Key Issues
Whether an appeal becomes infructuous and can be dismissed as withdrawn upon settlement of the dispute under the Direct Tax 'Vivad Se Vishwas Scheme, 2024', and the conditions under which such an appeal might be revived.
Sections Cited
254(2)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CHANDIGARH BENCH, ‘A’, CHANDIGARH
Before: SHRI VIKRAM SINGH YADAV & SHRI PARESH M. JOSHI
( Hybrid Hearing ) �नधा�रती क� ओर से/Assessee by : Shri Neeraj Kumar, Advocte (Virtual) राज�व क� ओर से/ Revenue by : Shri Vivek Vardhan, Addl. CIT, Sr.DR सुनवाई क� तार�ख/Date of Hearing : 28.01.2025 उदघोषणा क� तार�ख/Date of Pronouncement : 28.01.2025 आदेश/Order Per Paresh M. Joshi, JM :
Appeal in this case has been filed by the assessee against the order dated 27.08.2019 of ld. Commissioner of Income Tax (Appeals)-5, Ludhiana [hereinafter referred to as ‘CIT(A)’], for the Assessment Year 2014-15.
The Ld. Counsel, on behalf of the Assessee, has filed an application dated 27.01.2025 for withdrawal of this appeal on the 1368-Chd-2019 Jagtar Singh Prop M/s Jaura Jewellers, Distt.Sirsa 2 ground that he has opted to settle the dispute under the Direct Tax 'Vivad Se Vishwas Scheme, 2024’ and has accordingly filed the requisite Form (1) under the Scheme. 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.
Considering the prayer of the assessee, this appeal is dismissed as withdrawn because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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.