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The Tribunal dismissed the appeal as withdrawn with the condition that it would be restored if the assessee's application under the Vivad Se Vishwas Scheme was not approved.

The assessee filed an appeal against the CIT(A)'s order. The assessee applied for the Vivad Se Vishwas Scheme and sought an adjournment or restoration of the appeal if the scheme application was rejected.

What were the issues?

The primary issue was the assessee's request for an adjournment or conditional dismissal of the appeal pending the outcome of their Vivad Se Vishwas Scheme application.

Mahaluxmi Rolling Mills vs A.C.I.T., CC-1(1) | ITAT Kolkata 2021

Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA

Before: Sri J. Sudhakar Reddy & Sri Sanjay Garg

Appearances by: None appeared on behalf of the Assessee. Sh. Dhrubajyoti Ray, JCIT, appeared on behalf of the Revenue. Date of concluding the hearing : December 31st, 2020 Date of pronouncing the order : February 5th, 2021 ORDER Per J. Sudhakar Reddy:

This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals)-20, Kolkata, [hereinafter the “CIT(A)”], passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dated 31.01.2020 for the Assessment Year 2013-14.

None appeared on behalf of the assessee. The assessee filed an application availing the “Vivad Se Vishwas Scheme”. 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 the ld. D/R, we dismiss this appeal as withdrawn with the condition that the same shall be restored in case the authorities do not approve the application filed by the assessee for resolution of the dispute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”.

Assessment Year: 2013-14 Mahaluxmi Rolling Mills. 4. In the result, appeal of the assessee is dismissed as withdrawn. Kolkata, the 5th February, 2021. Sd/- Sd/- [Sanjay Garg] [J. Sudhakar Reddy] Judicial Member Accountant Member Dated: 05.02.2021 Bidhan (P.S.) Copy of the order forwarded to:

1. 1. Mahaluxmi Rolling Mills, P-34, Shah House, 4th Floor, India Exchange Place, Kolkata- 700 001.

2. ACIT, CC-1(1), Kolkata.

3. CIT(A)-20, Kolkata. (sent through mail) 4. CIT- 5. CIT(DR), Kolkata Benches, Kolkata. (sent through mail)

MAHALUXMI ROLLING MILLS,KOLKATA vs. A.C.I.T.,CC-1(1), KOLKATA

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