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Facts
The assessee filed an appeal against the order of the CIT (A) for assessment year 2011-12. The assessee subsequently filed an application to withdraw the appeal.
Held
The Tribunal considered the assessee's application for withdrawal, noting that the assessee had availed the benefit of the 'Vivad Se Vishwas Scheme 2024' to resolve the dispute.
Key Issues
Whether the appeal should be dismissed as withdrawn due to the assessee availing the 'Vivad Se Vishwas Scheme'.
Sections Cited
254(2)
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Income Tax Appellate Tribunal, DIVISION BENCH, AMRITSAR
Before: SHRI UDAYAN DAS GUPTA & SHRI KRINWANT SAHAY
आयकर अपीलीय अधिकरण,चण्डीगढ़ न्यायपीठ, चण्डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, AMRITSAR BEFORE SHRI UDAYAN DAS GUPTA, JUDICIAL MEMBER AND SHRI KRINWANT SAHAY, ACCOUNTANT MEMBER आयकर अपील सं./ Assessment Year: 2011-12 Shri Ashok Kumar Chopra, The ACIT, Rainak Bazar, Jalandhar. Vs Jalandhar. स्थधयी लेखध सं./PAN/TAN NO: ADUPC0684P अपीलधथी/Appellant प्रत्यथी/Respondent Assessee by : None Revenue by : Shri Manpreet Singh Duggal, Sr.DR Date of Hearing : 19.03.2025 Date of Pronouncement : 01.04.2025 HYBRID HEARING O R D E R
PER KRINWANT SAHAY, AM
The assessee is in appeal before the Tribunal against the order of the Commissioner of Income Tax (Appeals) [in short ‘the CIT (A)’] dated 28.11.2023 passed for assessment year 2011-12.
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 A.Y.2011-12 2 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.
Considering the prayer of the assessee, this appeal is dismissed as withdrawn because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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.
In the result, appeal of the assessee is dismissed as withdrawn.