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Facts
The Revenue filed an appeal for Assessment Year 2013-14 against an order by the CIT(A). During the proceedings, it was discovered that the assessee had opted for the Vivad Se Viswas Scheme-2024 (VSVS), leading the Departmental Representative to request the appeal be treated as infructuous.
Held
The Income Tax Appellate Tribunal dismissed the Revenue's appeal as infructuous, recognizing the assessee's participation in the VSVS. The Tribunal also clarified that the Revenue could seek restoration of the appeal if the specific issue in dispute is not resolved under the VSVS.
Key Issues
The primary issue was whether the appeal should be dismissed as infructuous due to the assessee opting for the Vivad Se Viswas Scheme, and the clarification regarding the Revenue's right to seek restoration.
Sections Cited
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Income Tax Appellate Tribunal, LUCKNOW BENCH ‘B’, LUCKNOW
Before: SHRI KUL BHARAT & SHRI ANADEE NATH MISSHRA
Revenue pertaining to assessment year 2013-14 against impugned appellate order dated 23/03/2018 passed by learned Commissioner of Income Tax (Appeals) [“CIT(A)” for short].
(B) During the course of hearing, it was noticed on perusal of records, the assessee has opted for Vivad Se Viswas Scheme-2024 (“VSVS” for short). Copy of Form-1 under VSVS is placed on record. The learned Departmental Representative submitted that the appeal has become infructuous and may be treated as withdrawn in view of the assessee opting for VSVS. Accordingly, the appeal is dismissed as infructuous and is treated as withdrawn in view of the assessee opting for VSVS.
(C) By way of abundant caution, we clarify that Revenue will be at liberty to approach Income Tax Appellate Tribunal for restoration of appeal if it is found that the issue in dispute in present appeal is not settled under aforesaid VSVS.
(D) In the result, the appeal of Revenue is dismissed as infructuous.
(Order pronounced in the open court on 15/05/2025)