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Facts
The assessee filed an appeal for assessment year 2011-12 against a CIT(A) order, beyond the prescribed time limit under Section 253(3) of the IT Act. The Tribunal condoned the delay. Subsequently, the assessee informed the Bench that they had opted for the Vivad Se Viswas Scheme-2024 (VSVS).
Held
Given that the assessee opted for the VSVS, both parties agreed that the appeal should be dismissed as withdrawn and infructuous. The Tribunal dismissed the appeal accordingly, clarifying that the assessee could seek restoration if the issue remains unsettled under the VSVS.
Key Issues
1. Whether to condone the delay in filing the appeal. 2. What is the consequence of an assessee opting for the Vivad Se Viswas Scheme on a pending appeal?
Sections Cited
253(3)
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Income Tax Appellate Tribunal, LUCKNOW BENCH ‘B’, LUCKNOW
Before: SHRI KUL BHARAT & SHRI ANADEE NATH MISSHRA
has been filed by the assessee pertaining to assessment year 2011-12 against impugned appellate order dated 30/09/2019 passed by learned Commissioner of Income Tax (Appeals) [“CIT(A)” for short].
(B) The present appeal has been filed by the assessee, beyond time limit prescribed under section 253(3) of IT Act. The assessee has submitted application for condonation of delay in filing of the appeal; pleading that the delay was unintentional and beyond the control of the assessee and has requested to admit the appeal for hearing. The learned Sr. Departmental Assessment Year:2011-12 2 Representative for Revenue did not express any objection to assessee’s application for condonation of delay in filing of the appeal. In view of the foregoing, and in specific facts and circumstances of the present appeal before us, the delay in filing of this appeal is condoned; and the appeal is admitted for hearing.
(B) During the course of hearing, it was noticed that the assessee has submitted an application dated 19/03/2025 intimating the Bench that the assessee has opted for Vivad Se Viswas Scheme-2024 (“VSVS” for short). Copy of Form No. 1 was also enclosed. Learned Departmental Representative for Revenue as well as the learned Counsel for the assessee were in agreement that the appeal may be dismissed as withdrawn, and as infructuous as assessee has opted for VSVS. In view of the foregoing, the appeal of the assessee is dismissed as withdrawn and as infructuous on account of assessee opting for VSVS.
(C) By way of abundant caution, we clarify that assessee 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 the assessee is dismissed as withdrawn.
(Order pronounced in the open court on 15/05/2025)