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Facts
The assessee filed an appeal against the CIT(A)'s order. Subsequently, the Authorized Representative of the assessee filed an application to withdraw the appeal, stating that the assessee had availed the benefit of the 'Vivad Se Vishwas Scheme 2024' and resolved the dispute with the Revenue.
Held
The Income Tax Appellate Tribunal dismissed the appeal as withdrawn, acknowledging that the dispute had become infructuous due to the settlement under the 'Vivad Se Vishwas Scheme'. The Tribunal clarified that if the assessee could not fully avail the scheme's benefits due to technicalities, either party could apply under Section 254(2) of the Income Tax Act to revive the appeal within the scheme's limitation period.
Key Issues
Whether an appeal should be dismissed as withdrawn when the assessee has resolved the underlying dispute by opting for the 'Vivad Se Vishwas Scheme'.
Sections Cited
254(2)
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Income Tax Appellate Tribunal, CHANDIGARH BENCH, ‘A’, 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 12.02.2013 of ld. CIT(A), Shimla [hereinafter referred to as ‘CIT(A)’], for the Assessment Years 2016-17.
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
513-Chd-2013 Dev Bhoomi Development Society, Distt. Solan 2 on the ground that he has availed benefit of 'Vivad Se Vishwas Scheme 2024’ and 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Considering the prayer of the assessee, this appeal is dismissed as withdrawn because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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 this Scheme.
In the result, appeal of the assessee is dismissed as withdrawn.
Order pronounced on 22.01.2025.