SHREE HARIHAR CHARITABLE TRUST,KOLKATA vs. ITO (EXEMP) - 1(3), KOLKATA, KOLKATA

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ITA 1786/KOL/2018Status: DisposedITAT Kolkata31 January 2019AY 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 Tribunal allowed the assessee's request to withdraw the appeal with liberty to file a fresh appeal against the original disallowance before the CIT(A). The delay in filing the fresh appeal would be considered by the CIT(A) in light of the time spent pursuing the rectification remedy.

What were the facts?

The assessee trust filed a rectification application under Section 154 after the Assessing Officer disallowed an application of income. The Assessing Officer rejected the rectification, and the CIT(A) confirmed this.

What were the issues?

Whether the assessee could pursue a rectification remedy under Section 154 after a regular assessment and if so, what is the recourse if the rectification is rejected. The primary issue became the withdrawal of the appeal and the liberty to file a fresh appeal.

Which sections of the Income-tax Act were involved?

Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “SMC” KOLKATA

Before: Shri S.S, Godara

आदेश /O R D E R This assessee’s appeal for assessment year 2013-14, arises against the Commissioner of Income-tax (Appeals)-25, Kolkata’s order dated 28.06.2018 passed in case No.79/CIT-25/Kol//2018-19 involving proceedings u/s. 154 of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused. 2. It emerges at the outset that the Assessing Officer had framed regular assessment in question in assessee’s case on 19.10.2015 disallowing application of income to the tune of ₹3,49,460/-. The assessee’s chose to file rectification thereof u/s. 154 of the Act dated 12.01.2016. The Assessing Officer rejected the said rectification in his order dated 02.02.2016. The CIT(A) has confirmed the same in his lower appellate order under challenge. After arguing vociferously for sometime in support

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