What did the Tribunal hold?

The tribunal dismissed the appeal as withdrawn. However, it was stipulated that the appeal would be restored if the assessee's application under the 'Vivad Se Vishwas Scheme' is rejected by the authorities.

The assessee filed an appeal against the CIT(A)'s order. The assessee informed the tribunal that they have applied for the 'Vivad Se Vishwas Scheme' and requested an adjournment or withdrawal of the appeal with a condition for restoration.

What were the issues?

Whether the appeal should be withdrawn or adjourned pending the outcome of the 'Vivad Se Vishwas Scheme' application.

Sri Aghoreshwar Sai Developers… vs DCIT | s.250 | ITAT Ranchi 2020

Income Tax Appellate Tribunal, RANCHI BENCH, E-Court at KOLKATA

Before: Sri J. Sudhakar Reddy & Sri S.S. Godara

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH, E-Court at KOLKATA (Before Sri J. Sudhakar Reddy, Accountant Member & Sri S.S. Godara, Judicial Member) Assessment Year: 2015-16 Sri Aghoreshwar Sai Developers Pvt. Ltd...................................................................Appellant [PAN: AAICS 7299 A] Vs. DCIT, Circle-1, Ranchi.………………..…..........................................................................Respondent Appearances by: Sh. P.N. Dubey, Adv., appeared on behalf of the Assessee. Sh. N.S. Kalkho, JCIT, appeared on behalf of the Revenue. Date of concluding the hearing : September 2nd, 2020 Date of pronouncing the order : September 16th, 2020

ORDER Per J. Sudhakar Reddy, AM:

This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals)-Ranchi, [hereinafter the “CIT(A)”], passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dated 19.11.2018 for the Assessment Year 2015-16.

The ld. Counsel for the assessee submitted that the assessee is availing the “Vivad Se Vishwas Scheme” and has filed an application in this regard. He wanted an adjournment or in the alternative pleaded that this appeal may be treated as withdrawn if protection is given that if its application under the scheme is rejected by the authorities, the appeal may be restored. He submitted that if such an assurance is recorded in the order, he would withdraw this appeal before the Tribunal. The ld. DR had no objection.

After hearing rival contentions, we dismiss this appeal as withdrawn with the condition that the same shall be restored in case the authorities do not approve the Assessment Year: 2015-16 Sri Aghoreshwar Sai Developers Pvt. Ltd. application filed by the assessee for resolution of the dispute under “Vivad Se Vishwas Scheme”. 4. In the result, appeal of the assessee is dismissed as withdrawn. Kolkata, the 16th September, 2020. Sd/- Sd/- [S.S. Godara] [J. Sudhakar Reddy] Judicial Member Accountant Member Dated: 16.09.2020 Bidhan Copy of the order forwarded to:

1. 1. Sri Aghoreshwar Sai Developers Pvt. Ltd., Sarveshwari, Khadgarha Lane, Behind Patliputra Dal Mill, Ratu Road, Near Sukhdeo Nagar Thana, Ranchi, Jharkhand-834 005.

2. DCIT, Circle-1, Ranchi. 3. CIT(A)-Ranchi. 4. CIT- 5. CIT(DR), Ranchi Bench, Ranchi.

SRI AGHORESHWAR SAI DEVELOPERS PRIVATE LIMITED,RANCHI vs. DCIT,CIRCLE-1, RANCHI

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