M/S WISE ENCLAVE PRIVATE LIMITED,KOLKATA vs. C.I.T KOLKATA - II, KOLKATA

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ITA 1629/KOL/2013Status: DisposedITAT Kolkata26 December 2018AY 2008-092 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal accepted 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 Consequently, the appeal filed by the assessee was dismissed as withdrawn.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 of the CIT(A). During the hearing, the assessee sought to withdraw the appeal. This withdrawal was based on a subsequent order by another ITAT bench that set aside the consequential assessment order to the file of the Assessing Officer.

What were the issues?

Whether the appeal should be withdrawn due to a subsequent order setting aside the consequential assessment. The primary issue was the procedural aspect of withdrawing an appeal based on subsequent developments.

Which sections of the Income-tax Act were involved?

Section 250,Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘C’ BENCH, KOLKATA

Before: Sri J. Sudhakar Reddy & Sri S.S. Godara

Assessment Year: 2008-09 M/s. Wise Enclave Pvt. Ltd……………..........................................……………………………......….......Appellant 9/12A, Lal Bazar Street Kolkata – 700 001 [PAN : AAACW 7643 N] Commissioner of Income Tax, Kolkata –II……………......................................................……Respondent Appearances by: Shri Chirag Desai, A/R, appeared on behalf of the assessee. Shri G. Mallikarjuna, CIT, Sr. D/R, appearing on behalf of the Revenue. Date of concluding the hearing : December 4th, 2018 Date of pronouncing the order : December 26th , 2018 ORDER Per J. Sudhakar Reddy, AM :-

This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax, Kolkata-II, (hereinafter the “ld.CIT(A)”), passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 26/03/2013, for the Assessment Year 2008- 09.

2.

The assessee during the course of hearing submitted a letter withdrawing this appeal for the reason that the consequential assessment order passed on 31/03/2014, by the Assessing Officer in pursuance to the order u/s 263 of the Act, dt. 26/03/2013, passed by the Commissioner of Income Tax, Kolkata-II, was set aside to the file of the Assessing Officer by the ‘D’ Bench of the Jurisdictional ITAT in the case of Wise Enclaves Pvt. Ltd. vs. ITO in Assessment Year 2008-09, order dt. 23/05/2018. 2.1. The ld. D/R, had no objections for the same. Hence we dismiss this appeal as withdrawn.

3.

In the result, appeal of the assessee is dismissed. Kolkata, the 26th day of December, 2018 Sd/- Sd/- [S.S.Godara] [J. Sudhakar Reddy] Judicial Member Accountant Member Dated : 26.12.2018 {SC SPS}

Assessment Year: 2008-09 M/s. Wise Enclave Pvt. Ltd Copy of the order forwarded to: 1. M/s. Wise Enclave Pvt. Ltd 9/12A, Lal Bazar Street Kolkata – 700 001 2. Commissioner of Income Tax, Kolkata –II 3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata.

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