MSTC LTD.,,NEW TOWN vs. ITO, CIRCLE 1(1),, KOLKATA
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the appeal filed by the assessee had become infructuous due to the agreement on the appeal effect order. Consequently, the appeal was dismissed.
What were the facts?
The assessee filed an appeal against the order of the NFAC. During the hearing, the Revenue provided an appeal effect order. Both parties agreed that there was no levy under sections 234F and 234C.
What were the issues?
The primary issue was whether the assessee's appeal was still maintainable after the appeal effect order was agreed upon by both parties, rendering it infructuous.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, KOLKATA
Before: SHRI GEORGE MATHAN & SHRI RAKESH MISHRA
IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RAKESH MISHRA, ACCOUNTANT MEMBER ITA No.2414/Kol/2025 Assessment Year: 2020-21 MSTC LTD ITO, Circle-1(1), Kolkata
Plot No.CF-18/2, Street Vs No.175, Action Area-1C,New Town, S.O Rajarhat, North 24 Parganas, WB-700156. (PAN: AACCM0021E) (Appellant) (Respondent)
Assessee by : Shri G. Bajerjee and A.N. Chatterjee, ARs Revenue by : Shri Praveen Kishore, CIT-DR Date of Hearing : 16.04.2026 Date of Pronouncement : 16.04.2026
ORDER Per George Mathan, JM: This is an appeal filed by the assessee against the order of the NFAC, Delhi [hereinafter referred to as the ‘CIT(A)’] in appeal no.NFAC/2019-20/10172171 dated 21.08.2025.
Shri G. Bajerjee and A.N. Chatterjee, Ars represented on behalf of the assessee and Shri Praveen Kishore, CIT-DR represented on behalf of the revenue.
ITA No.2414/Kol/2025
At the time of hearing, the ld. DR has provided a copy of the appeal effect order dated 05.12.2025. There is no levy u/s 234F & 234C which was agreed by both the sides. Consequently, the appeal filed by the assessee in ITA No.2414/Kol/2025 has become infructuous and the same is dismissed as infructuous.
In the result, the appeal of the assessee is dismissed as infructuous.
Order pronounced in the open court on 16/04/2026.
Sd/- Sd/- [Rakesh Mishra] [George Mathan] लेखा सदस्य/Accountant Member न्याययक सदस्य/Judicial Member
Dated:16/04/2026 RS Copy of the order forwarded to: 1. Appellant - 2. Respondent – 3. CIT(A)- 4. CIT- , 5. CIT(DR),
//True copy// By order Assistant Registrar, Kolkata Benches
More judgments on Section 234F
- Vivek Trivedi, Mumbai vs ACIT, Circle 42(3)(1), MumbaiITA 6613/MUM/2026[2020-21]Status: Disposed23 Sept 2026AY 2020-21
- Makaba Kariyappa Venkatesh, Chitradurga vs ITO Ward-1, ChitradurgaITA 925/BANG/2026[2020-21]Status: Disposed21 Sept 2026AY 2020-21
- Expedia Lodging Partner Services Sarl… vs Assistant Commissioner of Income-Tax…ITA 1943/DEL/2025[2018-19]Status: Disposed21 Sept 2026AY 2018-19
- Shankar Mallayya Vasal, Mumbai vs ITO22(3)(6), MumbaiITA 3837/MUM/2026[2016-17]Status: Disposed15 Sept 2026AY 2016-17
- S M Electric Trading Co Private Limited… vs DCIT, Circle 5(1), KolkataITA 454/KOL/2025[2018-19]Status: Heard1 Sept 2026AY 2018-19
Recent GST High Court judgments
Search GST case law →- Dillip Kumar Behera vs. The Assistant Commissioner Of State Tax, Mayurbhanj CircleOrissa · 15 Oct 2026
- Tvl.Dev Construction vs. The Proper OfficerMadras · 15 Oct 2026
- Abbal Dass Arya vs. Commissioner State Goods And Services Tax CommissionerUttarakhand · 15 Oct 2026
- M/S Darbesh Medical Enterprise vs. State Of West Bengal And Ors.Calcutta · 15 Oct 2026
- Harinder Singh Rawat vs. Union Of INDIA & Ors.Delhi · 14 Oct 2026