HARBHAJAN SINGH KAHLON,GURDASPUR vs. INCOME TAX OFFICER , GURDASPUR

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ITA 519/ASR/2024Status: DisposedITAT Amritsar24 April 2025AY 2012-13Bench: SHRI UDAYAN DAS GUPTA (Judicial Member), SHRI KRINWANT SAHAY (Accountant Member)1 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The appeal was dismissed as withdrawn because the dispute was settled under the 'Vivad Se Vishwas Scheme', rendering the appeal infructuous. However, the parties are at liberty to revive the appeal under Section 254(2) of the Income Tax Act if the assessee fails to get the full benefit due to technicalities.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) for the assessment year 2012-13. The assessee has since availed the benefit of the 'Vivad Se Vishwas Scheme 2024' and resolved the dispute with the Revenue.

What were the issues?

Whether the appeal can be dismissed as withdrawn due to settlement under the Vivad Se Vishwas Scheme.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

Income Tax Appellate Tribunal, DIVISION BENCH, AMRITSAR

Before: SHRI UDAYAN DAS GUPTA & SHRI KRINWANT SAHAY

For Respondent: Shri Bharat Bhushan Garg, CIT DR
Hearing: 09.04.2025Pronounced: 24.04.2025

the order of the Commissioner of Income Tax (Appeals) [in short ‘the CIT (A)’] dated 15.07.2024 passed for assessment year 2012-13.

2.

The assessee has filed an application for withdrawal of this appeal 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 certificate in Form No.2 under Rule 5 has been issued to him which is placed on record.

3.

Considering the prayer of the assessee, this appeal is dismissed as withdrawn because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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 appeal 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.

4.

In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced on 24.04.2025.

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