AAKRITI OVERSEAS PRIVATE LIMITED,KOLKATA vs. ITO, WARD - 12(2), KOLKATA, KOLKATA

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ITA 2222/KOL/2017Status: DisposedITAT Kolkata30 April 2019AY 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 noted that the appeal was filed against the original order, which was subsequently revised. The assessee's counsel stated the appeal was not pressed.

What were the facts?

The assessee filed an appeal against an order passed under Section 143(3). The CIT revised the original order under Section 263. In the subsequent proceedings, the AO accepted the assessee's original return of income.

What were the issues?

Whether the appeal is maintainable after the original order was revised under Section 263 and the assessee chose not to press the appeal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

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

Hearing: 22.04.2019Pronounced: 30.04.2019

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH “A”, KOLKATA BEFORE SH. J.SUDHAKAR REDDY, ACCOUNTANT MEMBER & SH.S.S.VISWANETHRA RAVI, JUDICIAL MEMBER (ASSESSMENT YEAR-2012-13) vs Aakriti Overseas Pvt.Ltd., ITO, 23, Pollock Street, 1st Floor, Ward-12(2), P-7, Kolkata-700001. Chowringhee Square, PAN-AAHCA9111A Kolkata-7009069. (Appellant) (Respondent) Appellant by Sh. Amit Agarwal, Adv. Respondent by Sh. C.J.Singh, JCIT, Sr.DR Date of Hearing 22.04.2019 Date of Pronouncement 30.04.2019 ORDER PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER

This appeal by the assessee against the order dated 29.08.2017 passed by CIT(A)-16, Kolkata for AY 2012-13.

2.

Heard both parties and perused the material available on record. The contention of the Ld.AR is that original order passed u/s 143(3) of the of the Income Tax Act, 1961 (in short “Act”), has been revised by the CIT exercising jurisdiction u/s 263 of the Act. In the giving effect proceedings, the AO considering the directions of the CIT(A) u/s 263 of the Act accepted the return of income as filed originally by the assessee. Further, he submits that the present appeal as it was filed against the original order passed u/s 143(3) of the Act and no orders required in the present appeal since it has been revised u/s 263 of the Act and prayed to dismiss the appeal as not pressed. In pursuance of the said submissions, Ld.AR endorsed the same as not pressed in the docket sheet. Therefore, taking into consideration the submissions of Ld.AR & DR and facts and circumstances of the case, we dismiss the appeal in as not pressed.

3.

In the result, the appeal filed by the assessee is dismissed.

Order pronounced in the open court on 30.04.2019.

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