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Facts
The assessee filed an appeal against the order of the CIT(A) which sustained an order passed under Section 154 of the Income Tax Act. The assessee had also filed an application for rectification under Section 154, which was rejected due to technical defects.
Held
The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme, 2024, and had filed an application for withdrawal of the appeal. Therefore, the appeal was dismissed as having been withdrawn.
Key Issues
Whether the appeal should be dismissed as withdrawn on account of the assessee opting for the Vivad Se Vishwas Scheme.
Sections Cited
250, 154, 201, 201(1A)
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Income Tax Appellate Tribunal, JAIPUR BENCHES,”SMC” JAIPUR
Before: SHRI GAGAN GOYAL, AM& SHRI NARINDER KUMAR, JM
vkns'k@ORDER PER: NARINDER KUMAR, JUDICIAL MEMBER .
On 17.1.2024, Learned CIT(A), NFAC, vide order u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), relating to the assessment year 2019-20, dismissed the appeal filed by the assessee thereby sustaining the order passed on an application u/s 154 of the Act filed by the assessee.
Mahesh Kumar Sharma vs. ITO TDS 2. The application u/s 154 of the Act was filed by the assessee for rectification of order dated 07.08.2023 passed u/s 201/201(1A) of the Act, and relating to the assessment year under consideration. Said application was rejected due to technical defects as mentioned therein.
On 10.01.2025, on behalf of the appellant, an application has been received with the prayer for withdrawal of this appeal as the assessee has opted for Vivad Se Vishwas Scheme, 2024.
Notwithstanding absence or non appearance on behalf of the appellant-applicant, We have heard Learned DR for the department on said application only, 5. Alongwith the above said application, copy of Form 3 has been submitted by the assessee. Since, the assessee has applied for settlement before the competent authority, under Direct Tax Vivad Se Vishas Scheme, 2024, as requested in the application, this appeal is hereby dismissed as having been withdrawn.
However, it is made clear that in case no settlement is arrived at between the parties under the above said Scheme-2024, the assessee shall at liberty to file appropriate application in accordance with law, for restoration of this appeal.