KONNAGAR SAMABAYA BANK LTD.,KONNAGAR, HOOGHLY vs. A.C.I.T., CIRCLE - 23(1), HOOGHLY

PER GEORGE MATHAN, JM: This is an appeal filed by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] in appeal no. ITBA/NFAC/S/25-/2024-25/1069234586(1) dated 28.09.2024 for the AY 2017-18. 02. Shri Miraj D Shah, AR represented on behalf of the assessee and Shri Ranu Biswas, DR represented on behalf of the revenue 03. This appeal of assessee is time barred by 38 days and an affidavit for condonation of delay petition has been placed on file. Considering the averments made in the said affidavit, we condone the delay and admit the appeal for hearing. 04. At the outset, Ld. Counsel for the assessee has filed a letter and requested to withdraw the instant appeal which reads under: - Konnagar Samabaya bank Limited; A.Y. 2017-18

“KONNAGAR SAMABAYA BANK LIMITED
66 GT ROAD WEST KONNAGAR, SERAMPUR KONNAGAR, HOOGHLY 712235

To,

The Hon'ble "B" Bench,
Income Tax Appellate Tribunal
Kolkata

PAN: AAAAK3850F

AY: 2017-2018
Ref: ITA.No.32/Kol/2025

Respected Sir,

1) This appeal arises from the order passed under Section 154 of the Income Tax Act,
1961. 2) The assessee, due to an incorrect understanding of the provisions of the Act.
inadvertently filed an appeal against the order passed under Section 154 of the Income
Tax Act, 1961, instead of challenging the original assessment order passed under Section 143(3) of the Act.

3) Since 2019, the assessee has, under a bona fide belief, continued to pursue the appeal against the Section 154 order.

4) It was only when the matter was recently assigned to a new counsel for further proceedings that the error in the course of appeal was noticed.

5) The assessee has now been advised to file an appeal against the order passed under Section 143(3) of the Act before the Learned CIT (Appeals), along with an appropriate petition for condonation of delay.

6) In light of the above, it is respectfully submitted that the present appeal may be permitted to be withdrawn or treated appropriately in the interest of justice, without prejudice to the assessee's rights.

For KONNAGAR SAMABAYA BANK LIMITED

MADHU SUDAN DAS
Digitally signed by MADHU SUDAN DAS
Date: 2025.06.16
14:19:54+05'30'

Secretary”
05. The ld. DR did not oppose for the same.
06. We therefore, dismiss the appeal as withdrawn with a liberty to approach the appropriate forum in accordance with law.
Konnagar Samabaya bank Limited; A.Y. 2017-18

Kolkata, Dated: 18.06.2025
Sudip Sarkar, Sr.PS

Copy of the Order forwarded to:
1. The Appellant
2. The Respondent
3. CIT
4. DR, ITAT,
5. Guard file.
BY ORDER,//

Sr. Private Secretary/ Asst.