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Facts
The assessee preferred appeals against the CIT(A) orders for Assessment Years 2015-16 and 2014-15. Subsequently, the assessee filed applications to withdraw these appeals, having resolved the disputes with the Revenue by availing the benefits of the 'Vivad Se Vishwas Scheme 2024'.
Held
The Income Tax Appellate Tribunal dismissed both appeals as 'withdrawn', finding them infructuous due to the settlement under the Vivad Se Vishwas Scheme. However, the Tribunal clarified that the assessee is at liberty to revive the appeals by filing an application under Section 254(2) of the Income Tax Act if they fail to avail the full benefit of the scheme due to technicalities.
Key Issues
Whether appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme, and the procedure for revival if scheme benefits are not fully realized.
Sections Cited
254(2)
AI-generated summary — verify with the full judgment below
& 725 /CHD/2023 �नधा�रण वष� / Assessment Yearss : 2015-16 & 2014-15 बनाम Rangoli Portfolio private The DCIT, Limited, Circle, 354, 2ndFloor, Sector Panchkula 9, Panchkula Haryana �थायी लेखा सं./PAN NO: AADCR5197F अपीलाथ�/Appellant ��यथ�/Respondent ( Physical Hearing ) �नधा�रती क� ओर से/Assessee by : Shri Parikshit Aggarwal, CA & Shri Rohit Kaura, Advocate राज�व क� ओर से/ Revenue by : Dr. Ranjit Kaur, Sr.DR सुनवाई क� तार�ख/Date of Hearing : 13.01.2025 उदघोषणा क� तार�ख/Date of Pronouncement : 15.01.2025 आदेश/Order Per Bench : Captioned appeals have been preferred by the assessee against the orders of ld. CIT(A), National Faceless Appeal Centre, Delhi [hereinafter referred to as ‘CIT(A)’], dated 29.09.2023 and 720 & 725-Chd-2023 Rangoli Portfolio Private Limited 2 30.10.2023 for the Assessment Years 2015-16 & 2014-15 respectively.
The assessee has filed separate applications each dated 9.9.2025 for withdrawal of these appeals 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 certificates in Form No.2 under Rule 5 have been issued to him which is placed on record.
Considering the prayer of the assessee, both the appeals are dismissed as ‘withdrawn’ because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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 appeals 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.
720 & 725-Chd-2023 Rangoli Portfolio Private Limited 3
In the result, both the appeals of the assessee are dismissed as withdrawn.
Order pronounced on 15. 01.2025.