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Facts
The assessee, Gian Singh, filed an appeal against the CIT(A)'s order for A.Y. 2017-18. During the hearing, the assessee's counsel informed the tribunal that an application had been filed under "The Direct Tax 'Vivad Se Vishwas, 2024' Scheme" and Form No. 2 was issued by the IT Department. Consequently, the assessee sought to withdraw the appeal, which the Ld. Sr. DR did not oppose.
Held
The tribunal dismissed the appeal as withdrawn, based on the assessee's submission of having opted for the 'Vivad Se Vishwas, 2024' Scheme. It was clarified that if the assessee is unable to benefit from the scheme due to technicalities, they retain the liberty to revive the appeal by filing a Miscellaneous Application within the limitation period prescribed under Section 254(2) of the Income Tax Act.
Key Issues
Whether an appeal can be withdrawn after opting for the 'Vivad Se Vishwas' Scheme, and the conditions under which it can be revived.
Sections Cited
254(2)
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िनधा"रती की ओर से/Assessee by : Shri Kapil Verma राज" की ओर से/ Revenue by : Shri Vivek Vardhan, Addl. CIT, Sr. DR सुनवाई की तारीख/Date of Hearing : 23/01/2025 उदघोषणा की तारीख/Date of Pronouncement : 23/01/2025 आदेश/Order PER VIKRAM SINGH YADAV, A.M: The present appeal is directed at the instance of the Assessee against the order of CIT(A)/NFAC, Delhi dated 07/11/2023 passed for A.Y. 2017-18.
During the course of hearing the Ld. Counsel for the Assessee submitted that since the assessee has moved an application under “The Direct Tax ‘Vivad Se Vishwas, 2024” Scheme and the Income Tax Department has since issued Form No. 2 dt. 16/01/2025, in response to the application filed by the assessee, therefore, the appeal of the assessee may be allowed to be withdrawn.
The Ld. Sr. DR, on the other hand, was unable to controvert the facts submitted by the Assessee and didn’t object to application seeking withdrawal of the subject appeal.
In view of the above, the appeal of the assessee is dismissed as withdrawn. However, it is observed that in case Assessee fails to avail the benefit of this scheme due to any technicalities, then Assessee will be at liberty to get this appeal revived by filing a Misc. Application. This application should be filed within limitation period provided u/s 254(2) of the Act.
In light of aforesaid, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open Court on 23/01/2025 परेश म. जोशी िव"म िसंह यादव (PARESH M. JOSHI) ( VIKRAM SINGH YADAV) "ाियक सद" / JUDICIAL MEMBER लेखा सद"/ ACCOUNTANT MEMBER