RAJESH KUMAR JAIN HUF,BHILWARA vs. ITO WARD 1, BHILWARA
Facts
The Assessee, Rajesh Kumar Jain HUF, had an appeal pending before the ITAT for A.Y. 2016-17 against an order from the CIT(A)/NFAC. The assessee applied to withdraw the appeal, stating that they had opted for "The Direct Tax 'Vivad Se Vishwas, 2024" Scheme and had received Form No. 2 from the Income Tax Department.
Held
The Tribunal dismissed the appeal as withdrawn, as the Senior DR did not object to the withdrawal application. It was clarified that if the assessee fails to avail the benefits of the scheme due to technicalities, they are at liberty to file a Miscellaneous Application under section 254(2) of the Income Tax Act to revive the appeal within the prescribed limitation period.
Key Issues
Whether an appeal can be withdrawn by the assessee after opting for the 'Vivad Se Vishwas' Scheme, and the conditions for its potential revival.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
IN THE INCOME TAX APPELLATE TRIBUNAL, DIVISION BENCH, JODHPUR HEARING THROUGH: HYBRID MODE BEFORE: SHRI. LALIET KUMAR, JM & DR. MITHA LAL MEENA, AM ITA No. 955 /Jodh/ 2024 Assessment Year : 2016-17 Ward-1 BSL Colony , Bhilwara-311001, Bhilwara-311001 Rajasthan Rajasthan PAN NO: AAFHR4211K Appellant Respondent Assessee by : None (Withdrawal Application) Revenue by : Shri Karni Dan, Addl. CIT(Sr. D.R) Date of Hearing : 18/03/2025 Date of Pronouncement : 18/03/2025 आदेश/Order PER LALIET KUMAR, J.M: The present appeal is directed at the instance of the Assessee against the order of ld. CIT(A)/NFAC, Delhi dt. 11/12/2024 passed for A.Y. 2016-17. 2. During the course of hearing none appeared on behalf of the Assessee. However the assessee moved an application wherein the Ld. Counsel for the Assessee submitted that since the assessee has moved an application under “The Direct Tax ‘Vivad Se Vishwas, 2024” Scheme and the Income Tax Department has since issued Form No. 2 dt. 21/01/2025, in response to the application filed by the assessee, therefore, the appeal of the assessee may be allowed to be withdrawn.
The Ld. Sr. DR, on the other hand, was unable to controvert the facts submitted by the Assessee and didn’t object to application seeking withdrawal of the subject appeal.
In view of the above, the appeal of the assessee is dismissed as withdrawn. However, it is observed that in case Assessee fails to avail the benefit of this scheme due to any technicalities, then Assessee will be at liberty to get this appeal revived by filing a Misc. Application. This application should be filed within limitation period provided u/s 254(2) of the Act.
In light of aforesaid, the appeal of the assessee is dismissed as withdrawn.
(Order pronounced in the open Court on 18/03/2025) (DR. MITHA LAL MEENA) JUDICIAL MEMBER AG Copy of the order forwarded to :
The Appellant
The Respondent
CIT
The CIT(A)
DR, ITAT, JODHPUR
Guard File
आदेशानुसार/ By order, सहायक पंजीकार/
