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

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

ITA No. 1786/Kol/2018 A.Y. 2013-14 Shree Harihar Charitable Trust Vs. ITO(Ex) 1(3) Kol. Page 2 of sec. 154 rectification remedy learned counsel representing assessee wishes to withdraw the instant appeal with liberty to file quantum appeal against the impugned disallowance before the CIT(A) in regular appellate proceedings. The Revenue does not raise any objection. I therefore accept assessee’s prayer for withdrawal of the instant appeal with liberty to initiate fresh appellate proceedings against the impugned disallowance. It is made clear that the assessee shall be entitled to explain the intervening delay for the reason that it had been pursuing its sec. 154 remedy in the meantime. The CIT(A) shall consider all these intervening developments as per law for the purpose of condonation of the delay. 3. This assessee’s appeal is dismissed as withdrawn in above terms. Order pronounced in open court on 31/01/2019

Sd/- (S.S. Godara) Judicial Member Kolkata, *Dkp/Sr.PS �दनांकः- 31/01/2019 कोलकाता आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. अपीलाथ�/Appellant-Shree Harihar Charitable Trust, 8, G.C Avenue, Saha Court, Kolkata-13 2. ��यथ�/Respondent-ITO (Ex)1(3), 10B,Middleton Row, Kolata-16 3. संबं"धत आयकर आयु%त / Concerned CIT 4. आयकर आयु%त- अपील / CIT (A) 5. &वभागीय �)त)न"ध, आयकर अपील�य अ"धकरण कोलकाता / DR, ITAT, Kolkata 6. गाड+ फाइल / Guard file. By order/आदेश से, /True Copy/ उप/सहायक पंजीकार आयकर अपील�य अ"धकरण, कोलकाता ।