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Facts
The Assessees had filed appeals before the Tribunal. Subsequently, they opted for the 'Vivad Se Vishwas Scheme' and sought withdrawal of their appeals. However, the Tribunal had already decided the appeals ex-parte on merits.
Held
The Tribunal recalled its earlier order which had dismissed the appeals ex-parte. The Tribunal acknowledged that the tax dispute had been settled under the 'Vivad Se Vishwas Scheme' and restored the appeals to their original numbers.
Key Issues
Whether appeals decided ex-parte on merits should be recalled when the assessee has settled the tax dispute under the 'Vivad Se Vishwas Scheme' and sought withdrawal.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘E’ NEW DELHI
Before: SHRI M. BALAGANESH & SHRI YOGESH KUMAR U.S.
Date of Hearing 21.11.2025 Date of Pronouncement 21 .11.2025 ORDER
PER YOGESH KUMAR U.S., JUDICIAL MEMBER:
The above mentioned Miscellaneous Applications are filed in respect of the orders dated 03/03/2023 passed by the Tribunal in 1909/Del/2019 pertaining to Assessment Years 2014-15 and 2015-16 respectively.
The Assessee in the Miscellaneous Applications contended that the Assessee sent an e-mail on 29/09/2021 and on 17/05/2022 through post for withdrawal of the Appeal filed by the respective Assessees as 2 M.A Nos. 194 & 195/Del/2025 Manish Garg & Megha Garg Vs. ITO the Assessees have opted for ‘Vivad Se Vishwas Scheme’, however, the Appeals have been decided ex-parte on merits, wherein the Tribunal has dismissed the Appeals of the Assessee without taking into consideration that the Assessee has already settled the tax dispute through ‘Vivad Se Vishwas Scheme’.
The Ld. Department's Representative relying on the order of the Tribunal sought for dismissal of the present Miscellaneous Applications.
Heard and perused. Considering the fact that the Tribunal has passed the final order dated 03/03/2023 deciding the Appeals on merit, wherein as on the said date, the tax dispute has already claim to have been settled by the Assessee through ‘Vivad Se Vishwas Scheme’, we recall the order dated 03/03/2023 passed in ITA Nos.
1908/Del/2019 and 1909/Del/2019 and the respective Appeals are restored to its original numbers. Accordingly, the M. A No.194/Del/2023 and 195/Del/2023 are allowed.
We have gone through the letter dated 16/05/2022 filed by the Respective Assessees, wherein it is stated that Assessees have opted for Vivad Se Vishwas Scheme’, thus sought for withdrawal of the Appeals filed by the Assessees.
3 M.A Nos. 194 & 195/Del/2025 Manish Garg & Megha Garg Vs. ITO and 1909/Del/2019 are dismissed as withdrawn.
Order pronounced in the open court on 21/11/2025.