M/S VODAFONE EAST LTD.,KOLKATA vs. CIT, KOLKATA -3, KOLKATA, KOLKATA

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ITA 520/KOL/2015Status: DisposedITAT Kolkata13 March 2018AY 2010-20112 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 assessee requested to withdraw the current appeal as they were no longer interested in pressing the issue of the CIT's jurisdiction under section 263. The Tribunal acceded to this request.

What were the facts?

The assessee filed an appeal against an order passed by the CIT under section 263, which had set aside the AO's assessment order. The AO subsequently made a fresh assessment, and the assessee has filed a separate appeal against this new assessment.

What were the issues?

The primary issue was the jurisdiction of the CIT to pass an order under section 263. The assessee chose not to pursue this issue.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

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

Before: Shri P.M. Jagtap, AM & Shri S.S. Viswanethra Ravi, JM]

order

: March 13, 2018 ORDER

Per P.M. Jagtap, AM

1.

This appeal filed by the assessee is directed against the order of Ld. CIT – 3, Kolkata dated 18.03.2015 passed under section 263 of the Income Tax Act, 1961.

2.

At the time of hearing, the learned counsel for the assessee has submitted that the Ld. CIT vide his impugned order passed under section 263 had set aside the order passed by the A.O. under section 143(3) with the direction to him to make the assessment afresh after fresh application of mind. He has submitted that the Assessing Officer has already completed the fresh assessment in pursuance of the direction given by the Ld. CIT in his impugned order under section 263 and the assessee has filed an appeal against the same before the Ld. CIT(A) disputing the addition made by the A.O. in the quantum proceedings.

3.

He has submitted that the assessee in the present appeal has mainly raised the issue challenging the jurisdiction of the Ld. CIT in passing the impugned order under section 263 and since the assessee now is not interested in pressing the said issue, this appeal may be allowed to be withdrawn. Since the learned DR has not raised any objection in this regard, the request of the assessee for withdrawing this appeal is acceded to and this appeal is dismissed as withdrawn.

4.

In the result, the appeal of the assessee is dismissed. Order Pronounced in the Open Court on 13th March, 2018.

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