M/S. THE PEERLESS GENERAL FINANCE & INVESTMENT CO. LTD.,KOLKATA vs. DCIT, CIRCLE - 3(1), KOLKATA

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ITA 1071/KOL/2019Status: DisposedITAT Kolkata02 March 2022AY 2013-142 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 the appeal as the issue had already been decided in their favour by the CIT(A) in a rectification order. The Revenue conceded to this request.

What were the facts?

The assessee filed an appeal before the ITAT against an order passed by the CIT(A). The issue under challenge was previously allowed by the CIT(A) in a rectification application filed by the assessee.

What were the issues?

Whether the appeal filed by the assessee is maintainable when the issue has been resolved in their favour through a rectification application.

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, KOLKATA BENCH “C”, KOLKATA

Before: SHRI ABY T VARKEY & SHRI RAJESH KUMAR

For Appellant: Smt. Puja Somani, CA
For Respondent: Shri Sailen Samaddar, ACIT
Hearing: 02.03.2022Pronounced: 02.03.2022

O R D E R

PER RAJESH KUMAR, ACCOUNTANT MEMBER:

1.

The appeal by the assessee has been preferred against the order dated 08.03.2019 passed by Ld. CIT(A)-1, Kolkata (hereinafter referred to ‘CIT(A)’) which in turn arises out of the assessment order dated 11.02.2016 passed u/s 143(3) by the DCIT, Circle-3(1) (hereinafter referred to as the ‘AO’)

2.

At the outset, the ld. counsel of the assessee submitted that the issue under challenge before the Tribunal has been allowed by Ld. CIT(A) in a rectification application filed by the assessee before Ld. CIT(A). Therefore, the assessee may be allowed to withdraw this appeal. The Ld. DR also fairly conceded to this. Accordingly, the appeal of the assessee is dismissed as withdrawn.

The Peerless General finance & Investment Co. Ltd. A.Y. 2013-14

3.

In the result, the captioned appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 02.03.2022.

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