DCIT, CIRCLE - 5(1) , KOLKATA vs. M/S. SPENCERS RETAIL LTD., , KOLKATA

The ld. Counsel for the assessee The ld. Counsel for the assessee submitted that they have filed applicati submitted that they have filed applications under “Vivad Se Viswas Scheme” “Vivad Se Viswas Scheme” and that the revenue appeals should be dismissed as and that the revenue appeals should be dismissed as withdrawn. The ld. D/R submitted that she has no objection if the appeals are dismissed withdrawn. The ld. D/R submitted that she has no objection if the appeals are dismissed withdrawn. The ld. D/R submitted that she has no objection if the appeals are dismissed as withdrawn, subject to a rider that subject to a rider that these appeals should be restored be restored, in case the application for settlement of these disputes under the scheme is not accepted by the application for settlement of these disputes under the scheme is not accepted by the application for settlement of these disputes under the scheme is not accepted by the competent authorities.

Heard rival contentions. The assessee has filed an application for settlement of Heard rival contentions. The assessee has filed an application for settlement of Heard rival contentions. The assessee has filed an application for settlement of the disputes under “Vivad Se Viswas Scheme” “Vivad Se Viswas Scheme”. Thus, we dismiss all these revenue all these revenue appeals as withdrawn with a condition that, the revenue will be at liberty to apply for appeals as withdrawn with a condition that, the revenue will be at liberty to apply for appeals as withdrawn with a condition that, the revenue will be at liberty to apply for restoration of the appeals so dismissed, appeals so dismissed, in case the application made by the assessee in case the application made by the assessee under “Vivad Se Viswas Scheme” “Vivad Se Viswas Scheme” is not accepted by the competent authorities. competent authorities. 5. In the result, all these appeals of the revenue are dismissed In the result, all these appeals of the revenue are dismissed as withdrawn as withdrawn. Kol/2019 Assessment Year: 2010-11

The ld. Counsel for the assessee submitted that the assessee is availing the The ld. Counsel for the assessee submitted that the assessee is availing the 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 prayed that if its and has filed an application in this regard. He prayed that if its and has filed an application in this regard. He prayed that if its application under the scheme is rejected by the authorities, the appeal may be restored. application under the scheme is rejected by the authorities, the appeal may be restored. 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 He submitted that if such an assurance is recorded in the order, he would withdraw this He submitted that if such an assurance is recorded in the order, he would withdraw this appeal before the Tribunal. The ld. D/R had no objection. eal before the Tribunal. The ld. D/R had no objection.

After hearing rival contentions, we dismiss this appeal as withdrawn with the After hearing rival contentions, we dismiss this appeal as withdrawn with the 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 condition that the same shall be restored in case the authorities do not approve the condition that the same shall be restored in case the authorities do not approve the application filed by the assessee f application filed by the assessee for resolution of the dispute under or resolution of the dispute under “Vivad Se Vishwas Scheme”. 8. In the result, appeal of the assessee is dismissed as withdrawn. In the result, appeal of the assessee is dismissed as withdrawn. Kolkata, the Kolkata, the 25th day of November, 2020 20. Sd/- Sd/- J. Sudhakar Reddy] [S. S. Godara] [J. Sudhakar Reddy Judicial Member Accountant Member Accountant Member Dated : 25.11.2020 {SC SPS}

CESC Ltd (Successor to Spencers Retail Ltd. upon amalgamation) (Successor to Spencers Retail Ltd. upon amalgamation) Mr. Debabrata Bhattacharya Vice President (Finance) CESC Limited CESC House Chowringhee Square Kolkata – 700 001 3. Deputy Commissioner of Income Deputy Commissioner of Income-Tax, Circle-5(1), Kolkata