SOGANI HERITAGE HOTEL LIMITED,KOLKATA vs. PCIT-1, KOLKATA

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ITA 196/KOL/2021Status: DisposedITAT Kolkata28 June 2022AY 2011-123 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 sought to withdraw the appeal as there were no adverse consequences in the subsequent assessment proceedings. The Revenue did not object to the withdrawal request.

What were the facts?

The assessee filed an appeal against a revisionary order passed by the PCIT under Section 263. The appeal was filed after a delay of 33 days, which was condoned due to COVID-19 restrictions. Subsequently, the Assessing Officer passed a fresh assessment order as per the PCIT's directions.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the absence of adverse consequences for the assessee in the subsequent assessment order.

Which sections of the Income-tax Act were involved?

Section 263,Section 147,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA

Before: SRI MANISH BORAD & SRI SONJOY SARMA

order

: June 28th, 2022 ORDER

Per Manish Borad, Accountant Member:

1.

This appeal filed by the assessee pertaining to the Assessment Year (in short “AY”) 2011-12 is directed against the order passed u/s 263 of the Income Tax Act, 1961 (in short the “Act”) of ld. Pr. Commissioner of Income-tax, Kolkata-1, Kolkata [in short ld. “PCIT”] dated 22.03.2021 which is arising out of the assessment order framed u/s 147/143(3) of the Act dated 13.12.2018.

2.

Registry has informed that the appeal is time barred by 33 days. Perusal of the records show that the delay was on account of I.T.A. No.: 196/Kol/2021 Assessment Year: 2011-12 Sogani Heritage Hotel Limited. COVID-19 restrictions. We, therefore, in view of the judgment of The Hon’ble Supreme Court vide Miscellaneous Application No. 21 of 2022 find that the limitation period in filing appeal between 15.03.2020 till 28.02.2022 has been excluded for calculating the limitation period. Since the period of limitation in the case of the assessee falls during this period, the same deserves to be extended and we, therefore, condone the delay of 33 days and admit the appeal for adjudication. 3. In the written submission filed by the assessee on 04.04.2022 it is submitted that the present appeal is against the revisionary proceedings carried out by ld. PCIT u/s 263 of the Act. As per the directions given in the impugned order ld. Assessing Officer has passed the assessment order on 26.03.2022 and since there remains no adversity/adverse consequences on the assessee, the assessee is not interested to pursue this appeal and sought permission to withdraw this appeal. Ld. D/R did not raise any objection to this request of the assessee withdrawing the appeal. 4. We have heard ld. D/R, gone through the written submissions filed by the assessee and perused the records placed before us. The assessee has challenged the revisionary proceedings carried out by the ld. PCIT u/s 263 of the Act for AY 2011-12. Since in the assessment proceedings carried out in lieu of the impugned order, there is no adversity/adverse consequences on the assessee, the assessee has requested to withdraw this appeal. Since there is no objection by the ld. D/R, we hereby dismiss this appeal as withdrawn.

I.T.A. No.: 196/Kol/2021 Assessment Year: 2011-12 Sogani Heritage Hotel Limited. 5. In the result, the appeal of the assessee is dismissed as withdrawn. Kolkata, the 28th June, 2022. Sd/- Sd/- [Sonjoy Sarma] [Manish Borad] Judicial Member Accountant Member Dated: 28.06.2022 Bidhan (P.S.) Copy of the order forwarded to:

1. 1. Sogani Heritage Hotel Limited, 404, 4th Floor, Kamal House, 50, Weston Street, Kolkata-700 012.

2. PCIT, Kolkata-1, Kolkata.

3. CIT(A)- 4. CIT- 5. CIT(DR), Kolkata Benches, Kolkata.

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