SHRI YUSUF MOHD WANI,PULWAMA vs. INCOME TAX OFFICER WARD, UDHAMPUR
Facts
The assessee had filed an appeal against the order of the CIT (A) for assessment year 2020-21. The assessee subsequently filed an application to withdraw the appeal, stating they had availed the benefit of the 'Vivad Se Vishwas Scheme 2024' and resolved the dispute.
Held
The Tribunal considered the assessee's prayer and dismissed the appeal as withdrawn, noting that the dispute settlement under the 'Vivad Se Vishwas Scheme' rendered the appeal infructuous. The Tribunal also clarified that the appeal could be revived under Section 254(2) of the Income Tax Act if the assessee failed to get the full benefit due to technicalities.
Key Issues
Whether the appeal should be dismissed as withdrawn due to settlement under the 'Vivad Se Vishwas Scheme'.
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
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 14.08.2024 passed for assessment year 2020-21.
The assessee has filed an application for withdrawal of this appeal on the ground that he has availed benefit of
ITA No.555/ASR/2024 A.Y.2020-21 2
'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Considering the prayer of the assessee, this appeal is dismissed as withdrawn because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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. 4. In the result, appeal of the assessee is dismissed as withdrawn.
Order pronounced on 01.04.2025.
Sd/- Sd/- (UDAYAN DAS GUPTA) (KRINWANT SAHAY) JUDICIAL MEMBER ACCOUNTANT MEMBER “Poonam”
ITA No.555/ASR/2024 A.Y.2020-21 3
आदेश की प्रतितिति अग्रेतिि/ Copy of the order forwarded to : अिीिार्थी/ The Appellant 1. प्रत्यर्थी/ The Respondent 2. आयकर आयुक्त/ CIT 3. तिभागीय प्रतितिति, आयकर अिीिीय आतिकरण, चण्डीगढ़/ DR, ITAT, Amritsar 4. गाडड फाईि/ Guard File 5.
आदेशािुसार/ By order, सहायक िंजीकार/ Assistant Registrar
