What did the Tribunal hold?

The tribunal dismissed the appeal as withdrawn with a specific condition. The appeal would be restored if the assessee's application under the 'Vivad Se Vishwas Scheme' is not approved by the authorities.

The assessee filed an appeal against the CIT(A)'s order. The assessee informed the tribunal that they have applied for the 'Vivad Se Vishwas Scheme' and requested an adjournment or protection for the appeal to be restored if the scheme application is rejected.

What were the issues?

The primary issue was the assessee's request for an adjournment or conditional withdrawal of the appeal due to their application under the 'Vivad Se Vishwas Scheme'.

M/S Shubh Share Broking Pvt. Ltd. vs I.T.O.., Ward-5(3) | ITAT Kolkata 2020

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

Before: Sri J. Sudhakar Reddy, Hon’ble & Sri Aby T. Varkey, Hon’ble

order : August 19th, 2020 ORDER Per J. Sudhakar Reddy, AM :- This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals) – 10, Kolkata, (hereinafter the “ld.CIT(A)”), passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 24/12/2019 for the Assessment Year 2012-13.

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 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. D/R had no objection.

After hearing rival contentions, we dismiss this appeal as withdrawn with the condition that the same shall be restored in case the authorities do not approve the application filed by the assessee for resolution of the dispute under “Vivad Se Vishwas Scheme”.

In the result, appeal of the assessee is dismissed as withdrawn. Kolkata, the 19th day of August, 2020.

Sd/- Sd/- [Aby T. Varkey] [J. Sudhakar Reddy] Judicial Member Accountant Member Dated : 19.08.2020 {SC SPS}

Assessment Years: 2012-13 M/s. Shubh Share Broking Pvt. Ltd. Copy of the order forwarded to: 1. M/s. Shubh Share Broking Pvt. Ltd M/s. Shubh Share Broking Pvt. Ltd Suite No. 521 Tobacco House 1, Old Court House Corner Lalbazar Kolkata – 700 001

2. Income Tax Officer, Ward – – 5(3), Kolkata 3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata. 5. CIT(DR), Kolkata Benches, Kolkata.

M/S SHUBH SHARE BROKING PVT. LTD.,KOLKATA vs. I.T.O..,WARD-5(3), KOLKATA

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