DCIT, CENTRAL CIRCLE-2(1), , KOLKATA vs. AMRICON AGROVET PVT. LTD., KOLKATA

This appeal filed by the revenue is against the order of Ld. CIT(A)-22, Kolkata vide Appeal No. 92/CIT(A)-22/15-16/18- 19/Koldated 30.04.2019 passed against the assessment order by the DCIT, Central Circle-2(1), Kolkata u/s. 143(3) r.w.s. 92CA(3) of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) dated 12.12.2018.

None appeared on behalf of the assessee. Shri Amal Kamat, CIT appeared for the revenue.

At the outset, Ld. CIT, DR submitted that the assessee company has been dissolved vide order of National Company Law Tribunal (NCLT), Kolkata dated 07.11.2022 rendering the present appeal by the M/s. Amricon Agrovet Pvt. Ltd. Revenue as infructuous. Ld. CIT, DR placed on record copy of the order of NCLT, Kolkata passed u/s. 33 of Insolvency & Bankruptcy Code, 2016 and communication by the ACIT, Central Circle-2(1), Kolkata dated 11.11.2022 in respect of the submission that the assessee company has been dissolved.

We have gone through the above stated order and communication placed before us. We note that the appeal is filed by the department and assessee has already been given relief by the Ld. CIT(A) on the disallowance and additions made in the assessment completed u/s. 143(3) read with section 92C(3) of the Act. Considering the fact of assessee company having dissolved by the order of NCLT, Kolkata and submission made by the Ld. CIT, DR, we dismiss the appeal of the revenue as infructuous.

In the result, the appeal of the revenue is dismissed.