DIWAKAR VINIYOGA PVT. LTD.,KOLKATA vs. ACIT, CIR. 6(2), KOLKATA

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ITA 172/KOL/2021Status: DisposedITAT Kolkata03 August 2022AY 2017-182 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 assessee requested to withdraw its appeal due to the merger. The Tribunal allowed the withdrawal of the appeal.

What were the facts?

The assessee company, M/s. Diwakar Viniyoga Pvt. Ltd., filed an appeal against the assessment order for AY 2017-18. The assessee company has since merged with Sneha Enclave Private Limited.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to a corporate merger.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH KOLKATA

Before: SHRI RAJPL YADAV & SHRI GIRISH AGRAWAL

For Respondent: Shri Biswanath Das, Sr. DR
Hearing: 03.08.2022Pronounced: 03.08.2022

O R D E R

PER GIRISH AGRAWAL, ACCOUNTANT MEMBER:

1.

This appeal by the assessee is directed against the order of ld. CIT(A), National Faceless Appeal Centre vide order No. ITBA/NFAC/S/250/2020-21/1031329480(1) dated 09.03.2019 for A.Y. 2017-18 passed against the assessment order u/s 143(3) of the Income- tax Act, 1961 (hereinafter referred to as ‘the Act’) by ACIT, Circle- 6(2),Kolkata dated 22.05.2019.

2.

None appeared on behalf of the assessee and Shri Biswanath Das, Sr. DR appeared for the revenue.

3.

At the outset, we note from the letter dated 01.08.2022 filed on behalf of the assessee that assessee wants to withdraw its appeal since the assessee company Diwakar Viniyog Private Limited has since been merged with Sneha Enclave Private Limited pursuant to the order of Diwakar Viniyoga Pvt. Ltd. (since merged with Sneha Enclave Private Ltd.) A.Y: 2017-18 Hon’ble NCLT, Kolkata Bench dated 02.02.2021 with effect from 1st April, 2019. Since the assessee-appellant has requested to dismiss the appeal as withdrawn, there is no point in keeping the impugned appeal pending. Apropos the discussion (supra) and since Shri Biswanath Das, Sr. DR does not have any objection in withdrawing the same, we allow the assessee to withdraw the impugned appeal.

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