2025 (6) TMI 1690 - AT - Income Tax

Settlement of case under VSVS 2024 - assessee had filed Form 1 under the Vivad se Vishwas Scheme 2024 and subsequently Form 2 was awaited by him - HELD THAT - As per S. No. 10 of the Guidance Note 1/2024 on provisions of the Direct Tax Vivad se Vishwas Scheme 2024 dated 15th October 2024 it is mentioned that as per section 91(2) of the Scheme after filing of declaration appeals before ITAT/CIT(A)/ JCIT(A) are deemed to be withdrawn from the date of issue of certificate by the Designated Authority. As per section 91(3) of the Scheme the taxpayer is required to withdraw appeals and furnish proof thereof along with intimation of payment u/s 92(2) of the Scheme. Since the assessee has requested for withdrawal of the appeal he is permitted to withdraw the same and the appeal is dismissed as withdrawn. However if the subsequent facts warrant that the appeal should be heard on merits the assessee shall be at liberty to file a Miscellaneous Application for restoration of the appeal. Appeal filed by the assessee is dismissed as withdrawn.

Summary

The ITAT Kolkata disposed of the assessee's appeal against the order of the Ld. CIT(A) for AY 2015-16 under section 250 of the Income Tax Act, 1961. The assessee had filed Form 1 under the Vivad se Vishwas Scheme, 2024 and awaited Form 2, thereby opting into the Scheme. Relying on section 91(2) of the Scheme, which deems appeals before ITAT/CIT(A)/JCIT(A) withdrawn upon issuance of the certificate by the Designated Authority, and section 91(3), requiring withdrawal of appeals with proof and payment intimation, the Tribunal permitted withdrawal of the appeal. The appeal was accordingly dismissed as withdrawn. The order clarifies that if circumstances require, the assessee may file a Miscellaneous Application for restoration to have the appeal heard on merits.