THE MARULA CO-OP M/P A/S SOCIETY LIMITED,GARHSHANKAR,HOSHIARPUR vs. ITO(WARD-4)HOSHIARPUR, HOSHIARPUR
Facts
The assessee filed an appeal against the Commissioner of Income Tax (Appeals) order for the assessment year 2017-18. Subsequently, the assessee applied to withdraw the appeal, stating that the dispute with the Revenue had been resolved by opting for the 'Vivad Se Vishwas Scheme 2024' and obtaining the requisite certificate.
Held
The Tribunal dismissed the appeal as withdrawn, acknowledging the assessee's settlement under the 'Vivad Se Vishwas Scheme'. It further clarified that in case of technical issues preventing full benefit, the assessee could apply for revival under Section 254(2) of the Income Tax Act within the specified limitation period.
Key Issues
Whether an appeal can be dismissed as withdrawn due to settlement under the 'Vivad Se Vishwas Scheme' and the conditions for its potential revival.
Sections Cited
Section 254(2) of the Income Tax Act
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 04.10.2024 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
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'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Considering the prayer of the assessee, this appeal is dismissed as withdrawn because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous.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 In the result, appeal of the assessee is dismissed as withdrawn.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”
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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
