What did the Tribunal hold?

The Tribunal allowed the Revenue to withdraw the appeals with the liberty to seek restoration if the assessees' applications under the Vivad Se Vishwas Scheme are not accepted by the Department.

The Revenue preferred appeals before the ITAT. The assessees filed applications under the Vivad Se Vishwas Scheme 2020. The Revenue sought to withdraw the appeals with a condition for restoration if the scheme applications were rejected.

What were the issues?

The primary issue was the withdrawal of appeals by the Revenue pending the outcome of the assessees' applications under the Vivad Se Vishwas Scheme.

JCIT vs Shri Nityanand Sonthalia | ITAT Kolkata 2020

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

Before: Sri J. Sudhakar Reddy & Sri Partha Sarathi Chaudhury

Heard together (2 matters)

I.T.A. No. 1600/Kol/2019

I.T.A. No. 1601/Kol/2019

Read from the judgment's own cause title. This page is filed under one of them.

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘A’ BENCH, KOLKATA (Virtual Court) (Before Sri J. Sudhakar Reddy, Accountant Member & Sri Partha Sarathi Chaudhury, Judicial Member) Assessment Year: 2014-15 JCIT (OSD), CC-1(4), Kolkata............................................................................................Appellant Vs. Sri Nityanand Sonthalia.....………………..…………………..…........................................Respondent [PAN: ALDPS 5358 M] Assessment Year: 2015-16 JCIT (OSD), CC-1(4), Kolkata............................................................................................Appellant Vs. Sri Kusumlata Sonthalia.....………………..…………………..….......................................Respondent [PAN: ABBPA 8446 Q] Appearances by: Sh. Vijay Shankar, CIT(DR), appeared on behalf of the Revenue. Sh. Nirav Seth, A/R, appeared on behalf of the Assessee. Date of concluding the hearing : November 5th, 2020 Date of pronouncing the order : November 13th, 2020 ORDER Per Partha Sarathi Chaudhury, JM:

Both these appeals preferred by the Revenue emanates from the order of the Learned Commissioner of Income Tax (Appeals)-20, Kolkata [hereinafter the “CIT(A)”], dated 26.03.2019 for the assessment years 2014-15 & 2015-16 respectively.

The ld. Counsel for the Revenue submitted that the assessees are availing the “Vivad Se Vishwas Scheme 2020” and have filed applications in this regard dated 27.10.2020. The ld. D/R further submitted in this regard that he has no objection in withdrawing the appeals before us provided protection is given that in case the applications in “Vivad Se Vishwas Scheme 2020” filed by the assessees herein if rejected by the Department then in that case the Revenue should be able to restore these appeals

2 & 1601/Kol/2019 Assessment Years: 2014-15 & 2015-16 Sri Nityanand Sonthalia Sri Kusumlata Sonthalia. before us. That after hearing the submissions of the ld. D/R in respect of these two appeals, we allow the ld. D/R to withdraw the aforestated appeals with the protection that in case the applications of the assessees is not accepted in the “Vivad Se Vishwas Scheme 2020” by the Department in such scenario the Revenue would be at liberty to file for restoration of both these appeals.

In the result, the appeals filed by the Revenue are dismissed as withdrawn. Kolkata, the 13th November, 2020. Sd/- Sd/- [J. Sudhakar Reddy] [Partha Sarathi Chaudhury] Accountant Member Judicial Member Dated: 13.11.2020 Bidhan Copy of the order forwarded to:

1. 1. JCIT (OSD), CC-1(4), Kolkata.

2. Sri Nityanand Sonthalia, 1st Floor, Jayantika Apartment, 34, Pankaj Mallik Lane, Kolkata-700 019.

3. Sri Kusumlata Sonthalia, 1st Floor, Jayantika Apartment, 34, Pankaj Mallik Lane, Kolkata-700 019.

4. CIT(A)-20, Kolkata. (sent through mail) 5. CIT- 6. CIT(DR), Kolkata Benches, Kolkata. (sent through mail)

JCIT(OSD),CC-1(4), KOLKATA vs. SHRI NITYANAND SONTHALIA, KOLKATA

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