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Facts
The assessee filed an appeal before the Tribunal against an order of the Pr. Commissioner of Income Tax-1, Jalandhar. Subsequently, the assessee sought to withdraw the appeal, citing that they had availed the benefits of the 'Vivad Se Vishwas Scheme 2024' and resolved the dispute with the Revenue.
Held
The Tribunal dismissed the appeal as withdrawn, noting that the settlement under the 'Vivad Se Vishwas Scheme' rendered the appeal infructuous. It was clarified that if the assessee faces technical issues preventing full benefits of the scheme, both parties retain the liberty to apply for revival of the appeal under Section 254(2) of the Income Tax Act within the prescribed limitation period.
Key Issues
Whether an appeal should be dismissed as withdrawn due to the assessee opting for the 'Vivad Se Vishwas Scheme 2024', and the conditions under which such an appeal may be subsequently revived.
Sections Cited
Section 254(2) of the Income Tax Act
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Income Tax Appellate Tribunal, DIVISION BENCH, AMRITSAR
Before: SHRI UDAYAN DAS GUPTA & SHRI KRINWANT SAHAY
PER KRINWANT SAHAY, AM The assessee is in appeal before the Tribunal against the order of the Pr. Commissioner of Income Tax-1, Jalandhar [in short ‘the PCIT '] dated 17/18.03.2020 passed for assessment year 2015-16. 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.
Considering the prayer of the assessee, this appeal is dismissed as withdrawn because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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In the result, appeal of the assessee is dismissed as withdrawn. Order pronounced on 01.04.2025. (UDAYAN DAS GUPTA) JUDICIAL MEMBER "Poonam" (KRINWANT SAHAY) ACCOUNTANT MEMBER Α.Υ.2015-16 2 A.Y.2015-16 3 आदेश की प्रतिलिपि अग्रेषित/ Copy of the order forwarded to : 1. अपीलार्थी/ The Appellant 2. प्रत्यर्थी / The Respondent 3. आयकर आयुक्त / CIT 4. विभागीय प्रतिनिधि, आयकर अपीलीय आधिकरण, चण्डीगढ़/ DR, ITAT, Amritsar 5. गार्ड फाईल / Guard File आदेशानुसार / By order, सहायक पंजीकार/