A.C.I.T.,CIRCLE-22, KOLKATA vs. THOMAS MATHEW, KOLKATA
What did the Tribunal hold?
The Tribunal dismissed the appeal as withdrawn, with the condition that it would be restored if the assessee's application under the 'Vivad Se Vishwas Scheme' is not approved by the authorities.
What were the facts?
The Revenue filed an appeal against the order of the CIT(A). The assessee informed the Tribunal that they have opted for the 'Vivad Se Vishwas Scheme' and sought an adjournment or protection for the appeal to be restored if their scheme application is rejected.
What were the issues?
Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme, with a condition for restoration.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘C’ BENCH, KOLKATA
Before: Sri J. Sudhakar Reddy & Sri Sanjay Garg
order : February 5th, 2021 ORDER Per J. Sudhakar Reddy: This appeal filed by the Revenue is directed against the order of the Learned Commissioner of Income Tax (Appeals)-6, Kolkata [hereinafter the “CIT(A)”], passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dated 24.12.2018 for the Assessment Year 2009-10.
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 for protection 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After hearing rival contentions, we dismiss this appeal as withdrawn with the condition that the same shall be restored in case the authorities do not approve the application filed by the assessee for resolution of the dispute under “Vivad Se Vishwas Scheme”.
Latest GST High Court judgments
Search GST case law →- Shaista Praween vs. The Assistant Commissoner Of GST And Central Excise, RourkelaOrissa · 6 Nov 2026
- Paonta Hp Centre vs. State Of Hp And OthersHimachal Pradesh · 5 Nov 2026
- M/S Multitech Agro INDIA (Opc) PVT LTD vs. The State Of KarnatakaKarnataka · 5 Nov 2026
- Gopa Satya Madhava Subbarao vs. The State Of Andhra PradeshAndhra Pradesh · 5 Nov 2026
- M/S Kallu Cable vs. The Commissioner State Goods And Service TaxUttarakhand · 5 Nov 2026