INDIAN OIL PETRONAS PVT. LTD.,KOLKATA vs. DCIT, CIR.-11(1), KOLKATA

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ITA 117/KOL/2021Status: DisposedITAT Kolkata29 August 2022AY 2015-162 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal due to sufficient cause. The Tribunal granted the assessee's request to withdraw the appeal.

What were the facts?

The assessee filed an appeal before the ITAT with a significant delay of 525 days. The assessee subsequently filed a letter seeking to withdraw the appeal.

What were the issues?

Whether the delay in filing the appeal should be condoned. Whether the appeal can be withdrawn by the assessee.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “C”, KOLKATA

Before: SHRI RAJESH KUMAR, HON’BLE & SHRI SONJOY SARMA, HON’BLE

For Appellant: Shri N. S. Saini, AR
For Respondent: Shri Gaurav Kanaujia, CIT
Hearing: 29.08.2022Pronounced: 29.08.2022

O R D E R

PER SONJOY SARMA, JM:

1.

The present appeal has been preferred by the assessee against the order dated 29.08.2019 of the Commissioner of Income Tax (Appeals)-4, Kolkata [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act [hereinafter referred to as the ‘Act’]. The assessee in this appeal has taken the following grounds of appeal: “i. For that on the facts and in the circumstances of the case, the AO be directed to allow the deduction for cess of Rs. 2,06,01,550/-.

ii. For that on the facts and in the circumstances of the case, the AO be directed to compute the tax payable by the assessee u/s 115O of the Income Tax Act at the rate prescribed in the agreement for avoidance of double taxation between India & Malaysia in respect of dividend paid by the company to Petroliam Nasional Berhad, a tax residents of the Malaysia. iii. For that the appellant craves leave to submit additional grounds and/or amend or alter the grounds already taken either at the time of haring of the appeal or before.”

Indian Oil Petronas Pvt. Ltd. A.Y. 2015-16

2.

At the outset, it is noted that there is a delay of 525 days on the part of the assessee in filing this appeal before the Tribunal. In this regard, the assessee has filed an application seeking condonation of the said delay and keeping in view the reasons given therein, we are satisfied that there is a sufficient cause for the delay of 525 days on the part of the assessee in filing this appeal before the Tribunal and delay in filing the instant appeal is accordingly condoned.

In this case, the authorised representative of the assessee has filed a letter 3. dated 29.08.2022 seeking permission of the bench to withdraw this appeal filed by the assessee. Since the ld. DR has no objection in this regard, the permission as sought by the assessee is granted and this appeal of the assessee is dismissed as withdrawn.

4.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 29.08.2022.

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