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

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ITA 1719/KOL/2019Status: HeardITAT Kolkata14 December 2022AY 2015-162 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee company has been dissolved and the appeal by the Revenue has become infructuous. Therefore, the appeal filed by the Revenue was dismissed.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) concerning the assessment year 2015-16. The assessee company, M/s. Amricon Agrovet Pvt. Ltd., was subsequently dissolved by an order of the National Company Law Tribunal (NCLT).

What were the issues?

Whether an appeal filed by the Revenue is maintainable when the assessee company has been dissolved and the appeal has become infructuous.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 92CA(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH KOLKATA

Before: SHRI RAJPAL YADAV & SHRI GIRISH AGRAWAL

For Respondent: Shri Amal Kamat, CIT
Hearing: 12.12.2022Pronounced: 14.12.2022

Present for: Appellant by : N o n e Respondent by : Shri Amal Kamat, CIT Date of Hearing : 12.12.2022 Date of Pronouncement : 14.12.2022 O R D E R

PER GIRISH AGRAWAL, ACCOUNTANT MEMBER:

1.

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.

2.

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

3.

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.

4.

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.

5.

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

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