Loading judgment…
Facts
The assessee filed an appeal against the CIT(A)'s order for AY 2017-18. The assessee subsequently filed an application to withdraw the appeal. This withdrawal was sought on the grounds that the assessee had availed the benefit of the 'Vivad Se Vishwas Scheme 2024' and resolved the dispute with the Revenue.
Held
The Tribunal considered the assessee's prayer and dismissed the appeal as withdrawn. The dismissal was based on the settlement of the dispute under the 'Vivad Se Vishwas Scheme', rendering the appeal infructuous. It was clarified that if the assessee failed to get the full benefit of the scheme due to technicalities, they could revive the appeal.
Key Issues
Whether the appeal can be dismissed as withdrawn due to availing the 'Vivad Se Vishwas Scheme' benefit?
Sections Cited
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
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./ निर्धारण वर्ा / Assessment Year: 2017-18 Oxford Educational Society, The ITO (Exemptions), G.T. Road, Moga (Punjab). Vs Ward, Jalandhar, Jalandhar. स्थधयी लेखध सं./PAN/TAN NO: AAAAO0921F 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 10.02.2024 passed for assessment year 2017-18.
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.2017-18 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Considering the prayer of the assessee, this appeal is dismissed as withdrawn because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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.