ULTRASMART RETAILS PVT. LTD.SINCE CONVERTER IN TO ULTRASMART RETAILS LLP,KOLKATA vs. PCIT-4, KOLKATA

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ITA 415/KOL/2020Status: DisposedITAT Kolkata05 January 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, considering the Supreme Court's decision on COVID-19 related limitations, treated the appeal as within the limitation period. Subsequently, the assessee sought to withdraw the appeal.

What were the facts?

The assessee filed an appeal for the assessment year 2015-16. The appeal was initially pointed out as time-barred by the registry.

What were the issues?

The primary issue was the limitation period for filing the appeal, which was subsequently rendered moot by the assessee's withdrawal.

AI-generated summary — verify with the full judgment below

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

Before: SHRI SANJAY GARG & SHRI RAJESH KUMAR

For Appellant: Shri Umang Chhaparia, AR
For Respondent: Shri Amol Kamat, CIT, DR
Hearing: 20.12.2021Pronounced: 05.01.2022

O R D E R

PER RAJESH KUMAR, ACCOUNTANT MEMBER:

1.

The present appeal has been preferred by the assessee for the assessment year 2015-16 against the order dated 27.02.2020 of the Principal Commissioner of Income Tax-4, Kolkata.

2.

Though the Registry has pointed out that the appeal is time barred, however, in view of the decision of the Hon’ble Supreme Court in the case of Miscellaneous Application No. 665 of 2021 in SMW(C) No. 3 of 2020, the period of filing appeal during the COVID- 19 pandemic is to be excluded for the purpose of counting the Ultrasmart Retail Pvt. Ltd. A.Y. 2015-16 limitation period. In view of this, the appeal is treated as filed within the limitation period.

3.

At the outset, the authorized representative of the assessee has sought 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in this regard, the permission as sought by the assessee is granted and this appeal of the assessee is dismissed as withdrawn.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In the result, the captioned appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 05.01.2022.

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