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

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.

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.

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section 263 and since the assessee now is not interested in pressing the said issue, this appeal may be allowed to be withdrawn.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in this regard, the request of the assessee for withdrawing this appeal is acceded to and this appeal is dismissed as withdrawn.

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