THE PR. COMMISSIONER OF INCOME TAX (CENTRAL) GURUGRAM vs. SHARWAN KUMAR
What did the High Court hold?
The High Court allowed the application for withdrawal of the appeal. The appeal was dismissed as withdrawn, with liberty granted to the appellant to file appropriate applications if the assessee violated the scheme's conditions.
What were the facts?
The assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, and Form No. 4 was issued. The appellant sought to withdraw the appeal with questions of law kept open.
What were the issues?
Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme. The court also considered the liberty to file future applications.
Which sections of the Income-tax Act were involved?
Direct Tax Vivad Se Vishwas Scheme, 2024
AI-generated summary — verify with the full judgment below
110-e IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CM-18358-60-CII-2025 in/and
ITA-99-2023 Date of Decision: September 15, 2025
THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), GURGAON
….. Appellant
Versus
SHARWAN KUMAR
..... Respondent
CORAM:- HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA
Present: Mr. Yogesh Putney, Senior Standing Counsel with Mr. Vaibhav Gupta, Advocate for the appellant.
Ms. Sonia Bohat, Advocate for Mr. Sukesh Kumar Jindal, Advocate for the respondent.
**** LISA GILL, J. CM-18358-CII-2025
This application seeking preponement of hearing of appeal is rendered infructuous. 2.
Application is disposed of accordingly. CM-18359-60-CII-2025 in/and ITA-99-2023
Learned counsel for appellant submits that respondent – Assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024 and in pursuance thereof Form No. 4 has since been issued. RITU SHARMA 2025.09.18 12:21 I attest to the accuracy and integrity of this document
CM-18358-60-CII-2025 in/and ITA-99-2023
-2-
In view thereof, appellant seeks to withdraw this appeal with questions of law being kept open for adjudication in appropriate proceedings. He also seeks liberty to file appropriate application in case, it is found that respondent – Assessee has furnished incorrect declaration or has violated any conditions of the Scheme. 3.
Learned counsel for respondent verifies that Assessee has opted for the Scheme in question. 4.
Application is allowed and appeal is, accordingly, dismissed as withdrawn with liberty as aforementioned. 5.
Pending application(s), if any, stand(s) disposed of.
(LISA GILL)
JUDGE
(MEENAKSHI I. MEHTA) September 15, 2025
JUDGE Rts
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
RITU SHARMA 2025.09.18 12:21 I attest to the accuracy and integrity of this document
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