SOCIETY FOR HANDICAPPED ORIENTATION PROGRAMME AND EDUCATION,DURGAPUR vs. J.C.I.T.(EXEMPTION), RANGE-2, KOLKATA
What did the Tribunal hold?
The tribunal allowed the assessee to withdraw the appeal, considering their participation in the Vivad Se Vishwas Scheme. The withdrawal is subject to the scheme's acceptance by the competent authority.
What were the facts?
The assessee filed an appeal before the ITAT. The assessee later informed the tribunal that they had opted for the Direct Tax Vivad Se Vishwas Scheme, 2020, and were awaiting confirmation.
What were the issues?
Whether the appeal should be kept pending when the assessee has opted for a dispute resolution scheme like Vivad Se Vishwas.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri J. Sudhakar Reddy, AM & Shri A. T. Varkey, JM]
ORDER Per Bench: This is an appeal preferred by the assessee against the order of Ld. CIT(A)- Durgapur dated 28.11.2019 for AY 2014-15.
None appeared on behalf of the assessee. At the outset, it is noticed that an application for withdrawal of appeal dated 16.12.2020 has been placed in file wherein the Ld. AR of the assessee has stated that the assessee had opted for Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘scheme’) and had filed Form-1 & Form-2 before the Competent Authority and is awaiting the issue of Form No. 3 from the Competent Authority. Therefore, taking into consideration the fact that since the assessee has opted for the Scheme for the AY 2014-15, there is no point in keeping the impugned appeal pending.
In the light of the aforesaid discussion, we treat this submission of the assessee informing the Tribunal the fact that assessee has opted for the said scheme, therefore, we allow the assessee to withdraw the impugned appeal. In case, if the competent authority as per the scheme does not accept the assessee’s proposal to opt for the Vivad Se Vishwas Scheme, 2020, then the assessee is at liberty to move an application for Society for Handicapped Orientation Programme & Education A.Y. 2014-15 recalling this order. With the aforesaid caveat, we allow the assessee to withdraw the captioned appeal.
Needless to say that our aforesaid action allowing the assessee to withdraw the appeal, will not come in the way of the competent authority of Revenue to accept the assssee’s said option/scheme for availing “Vivad Se Vishwas Scheme, 2020”. 5. In the result, the appeal of the assessee is dismissed as withdrawn. Order is pronounced in the open court. Sd/- Sd/- J((J.S. Reddy) (A. T. Varkey) Accountant Member Judicial Member Dated: 08.01.2021 JD, Sr. PS Copy of the order forwarded to:
1. 1. Appellant- Society for Handicapped Orientation Programme & Education, HFC Township, Primary School Building, Bidhan Nagar, Durgapur, West Bengal- 713212 2. Respondent – JCIT (Exemption), R-2, Kolkata.
3. The CIT(A)- Durgapur (sent through e-mail) 4. CIT- , Durgapur 5. DR, Kolkata Benches, Kolkata (sent through e-mail)
Recent GST High Court judgments
Search GST case law →- M/S Aasha Industries vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026
- M/S Bharat Iron Scrap vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026
- Mascot Constructions Co. And Another vs. The Commissioner Of Goods And Services Tax (GST) And AnotherBombay · 22 Oct 2026
- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Fasil Hussain Shah vs. Ut Of J And K Th Commissioner Secretary TO Government Finance Department And OthersJammu and Kashmir and Ladakh · 21 Oct 2026