THE WEST BENGAL STATE CO-OPT. BANK LTD.,KOLKATA vs. ACIT,(TDS) CIRCLE - 59, KOLKATA, KOLKATA

PDF · subscribers
ITA 560/KOL/2019Status: DisposedITAT Kolkata28 January 2021AY 2001-022 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn. However, it was restored if the assessee's application under the 'Vivad Se Vishwas Scheme' was not approved by the authorities.

What were the facts?

The assessee filed an appeal for assessment year 2001-02. The assessee subsequently applied for the 'Vivad Se Vishwas Scheme' and requested withdrawal of the appeal with a condition for restoration if the scheme application is rejected.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for the Vivad Se Vishwas Scheme, with a conditional restoration.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C”

Before: Sri J. Sudhakar Reddy & Sri Sanjay Garg

Appearances by: None Shri Vijay shankar, CIT, DR, appeared on behalf of the Respondent. Date of concluding the hearing : January 14, 2021 Date of pronouncing the order : January 28, 2021 ORDER Per Sanjay Garg:- The present appeal has been preferred by the assessee for the assessment year 2001-02 against the order of the Commissioner of Income Tax(Appeals)-24, Kolkata (hereinafter referred to as the ‘CIT(A)’) dated 19.12.2018.

2.

This assessee has separately filed application for withdrawal of the appeal as he is opting for availing the “Vivad Se Vishwas Scheme”. The assessee wanted an adjournment or in the alternative pleaded for protection that, if its application under the scheme is rejected by the authorities, this appeal may be restored. The assessee submitted that if such an assurance is recorded in the order, he would withdraw this appeal before the Tribunal without waiting for formal order of the Income Tax Department accepting his application under the scheme. The ld. D/R had no objection.

3.

After hearing the ld. DR, we dismiss this appeal as withdrawn with a condition that this appeal shall be restored back to the file of ITAT, in case the authorities do not Assessment Year: 2001-02 The West Bengal State Co-operative Bank Ltd approve of the application filed by the assessee for resolution of the dispute under “Vivad Se Vishwas Scheme”. 4. In the result, the appeal of the assessee is dismissed as withdrawn.

Kolkata, the 28th January, 2021.

Recent GST High Court judgments

Search GST case law →