Tribunal Reinstates Appeals for Fresh Adjudication, Grants All Applications to Restore Original Positions.

The ITAT granted the assessee's Miscellaneous Applications for recall of the order dated 15/02/2021, restoring both the Revenue's and assessee's appeals to their original positions for adjudication on merits. The Tribunal directed the Registry to list the appeals before the regular Bench, allowing all five applications filed by the assessee.

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Issues involved: Application for recall of order under section 254(2) of the Income Tax Act, 1961 regarding settlement under Vivad Se Vishwas Scheme, 2020.

Summary:
The Miscellaneous Applications were filed by the assessee seeking recall of the order dated 15/02/2021 related to various assessment years. The assessee initially opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020 (VSVS) by filing a declaration which was accepted by the Designated Authority. However, the assessee later decided not to proceed with the settlement under VSVS and did not pay the specified amount as per Form-3, thereby implying withdrawal of the declaration. The assessee expressed the intention to defend the appeal on merits. The Department argued that since the conditions of Form-3 under VSVS were not met, the appeals should be heard on merits.

After hearing submissions from both sides, the Tribunal granted the recall of the order dated 15/02/2021. The appeals of both the Revenue and the assessee were restored to their original numbers for adjudication on merits. The Tribunal directed the Registry to list the appeals before the regular Bench for further proceedings. Consequently, all the five miscellaneous applications filed by the assessee were allowed.

The order was pronounced in the open Court on Friday, the 28th day of January, 2022.

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