PHOENIX CONVEYOR BELT INDIA PRIVATE LIMITED,KOLKATA vs. PRINCIPAL CIT - 4, KOLKATA

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ITA 1110/KOL/2019Status: DisposedITAT Kolkata02 September 2020AY 2012-132 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 allowed the assessee's request to withdraw the appeal. Consequently, the appeal filed by the assessee was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order passed by the Principal CIT under Section 263 of the Income-tax Act. However, the assessee is no longer aggrieved by the subsequent re-assessment order passed by the Assessing Officer.

What were the issues?

Whether the appeal filed by the assessee should be withdrawn. The assessee sought to withdraw the appeal as they were no longer aggrieved by the subsequent order.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH: KOLKATA

Before: Hon’ble Shri J.Sudhakar Reddy, AM & Hon’ble Shri A. T. Varkey, JM

Pronounced: 02.09.2020

ORDER Shri A. T. Varkey, JM This is an appeal preferred by the assessee against the order of Ld. Pr. CIT, Kolkata- 4, Kolkata dated 01-03-2019 for the assessment year 2012-13 passed u/s. 263 of the Income-tax Act, 1961 (hereinafter referred to as the ‘Act’).

2.

At the outset, it has been brought to our notice by Shri Pratyush Jhunjhunwala, Advocate, Learned Authorized Representative ( in short, the Ld. AR) that the assessee at present is not aggrieved by the re-assessment order passed by the AO while giving effect to the impugned order of the Ld. Pr. CIT passed by u/s. 263 of the Act. Therefore, he wishes to withdraw this appeal filed by the assessee

3.

Per contra, Shri Imokaba Jamir, Ld CIT, Learned Departmental Representative ( in short, the Ld. DR) does not have any objection in respect of the proposal of assessee to withdraw the appeal. In the light of the aforesaid discussions, we allow the assessee’s request for withdrawing the above mentioned appeal.

4.

In the result, the appeal of assessee is dismissed as withdrawn.

Order is pronounced in the open court on 2nd September 2020.

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