THE PUNJAB IAS AND PCS OFFICERS HOUSE BUILDING SOCIETY LIMITED,MOHALI vs. DEPUTY COMMISSIONER OF INCOME TAX, MOHALI

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ITA 341/CHANDI/2024Status: DisposedITAT Chandigarh21 January 2025AY 2010-11Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)2 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn, as the Revenue's representative did not object. It also granted the Assessee liberty to revive the appeal through a Misc. Application under Section 254(2) of the Act if they are unable to avail the benefits of the Vivad Se Vishwas Scheme due to technicalities.

What were the facts?

The Assessee filed an appeal against the CIT(A)'s order for AY 2010-11. During the hearing, the Assessee's counsel informed the Tribunal that the Assessee had applied under “The Direct Tax Vivad Se Vishwas, 2024” Scheme and received Form No. 2, requesting to withdraw the current appeal.

What were the issues?

Whether to permit the withdrawal of an appeal by an assessee who has opted for “The Direct Tax Vivad Se Vishwas Scheme”.

Which sections of the Income-tax Act were involved?

Section 254(2)

AI-generated summary — verify with the full judgment below

Order PER VIKRAM SINGH YADAV, A.M. : This is an appeal filed by the Assessee against the order of the Ld. CIT (A)/NFAC, Delhi dt. 05/03/2024 pertaining to Assessment Year 2010-11.

2.

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. 10/01/2025, in response to the application filed by the assessee, therefore, the appeal of the assessee may be allowed to be withdrawn.

3.

The Ld. 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.

4.

In view of the above, the appeal of the assessee is dismissed as withdrawn.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.

5.

In light of aforesaid, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open Court on 21/01/2025 परेश म. जोशी िव"म िसंह यादव (PARESH M. JOSHI) ( VIKRAM SINGH YADAV) "ाियक सद" / JUDICIAL MEMBER लेखा सद"/ ACCOUNTANT MEMBER

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