SHREE CALCUTTA GUJRATI SAMAJ,KOLKATA vs. ITO(E)-II,KOLKATA, KOLKATA

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ITA 2298/KOL/2013Status: DisposedITAT Kolkata11 April 2018AY 2008-092 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal accepted the assessee's submission to withdraw the appeal. The appeal was accordingly dismissed as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT for AY 2008-09. The assessee's counsel acknowledged that the appeal was filed directly before the Tribunal due to wrong legal advice.

What were the issues?

The primary issue was whether the appeal, filed directly before the ITAT due to incorrect legal advice, should be allowed to be withdrawn.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH: KOLKATA

Hearing: 05.02.2018Pronounced: 11.04.2018

ORDER

Per Shri A.T.Varkey, JM

1.

This appeal filed by the assessee is against the order of CIT(A)-XIV, Kolkata, dated 30.11.2011 for AY 2008-09.

2.

At the outset, the Ld. Counsel for the assessee Shri Subash Agarwal, Advocate fairly acknowledged that on wrong legal advice the appeal has been preferred directly before the Tribunal and so, he wants to withdraw the appeal. In the aforesaid facts, we are inclined to accept the submission of the Ld. Counsel for the assessee and allow the appeal to be withdrawn. 4. In the result, the appeal of assessee is dismissed as withdrawn.

Order is pronounced in the open court on 11th April, 2018.

Sd/- Sd/- (P. M. Jagtap) (Aby. T. Varkey) Accountant Member Judicial Member Dated : 11th April, 2018 Jd.(Sr.P.S.)

Shree Calcutta Gujarati Samaj, AY 2008-09 Copy of the order forwarded to:

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