M/S RYDAK SYNDICATE LTD.,KOLKATA vs. ITO, WD-4(1), KOLKATA, KOLKATA

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ITA 303/KOL/2016Status: DisposedITAT Kolkata08 November 2017AY 2009-20103 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 tribunal noted the assessee's request to withdraw the appeal, stating it was mistakenly filed. Consequently, the tribunal dismissed the appeal as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT. During the hearing, the assessee's authorized representative requested to withdraw the appeal.

What were the issues?

Whether the appeal filed by the assessee should be allowed to be withdrawn.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH : KOLKATA

Before: Hon’ble Shri M.Balaganesh, AM & Shri S.S.Viswanethra Ravi, JM]

Hearing: 08.11.2017

ORDER Per M.Balaganesh, AM

1.

This appeal by the Assessee arises out of the order of the Learned Commissioner of Income Tax(Appeals)-2, Kolkata [in short the ld CIT(A)] in Appeal No. 263/CIT(A)- 2/2014-15 dated 04.11.2015 against the order passed by the ITO, Wd.-4(1), Kolkata [ in short the ld AO] under Section 143(3) of the Income Tax Act, 1961 (in short “the Act”) dated 21.12.2011 for the Assessment Year 2009-10.

2.

During the course of hearing, the ld. AR filed a letter dated 07.11.2017 stating that he has been instructed to withdraw the appeal. The contents of the said letter is reproduced herein below:

2 M/s Rydak Syndicate Ltd. A.Yr.2009-10 07.11.2017 To, The Hon’ble Members, Income Tax Appellate Tribunal, A.J.C. Bose Road, Kolkata-700020 Before the Hon’ble “D” Bench Assessee: Rydak Syndicate Ltd. Assessment Year: 2009-10 I.T.A. No.-303/Kol/2016 Sub: Request for withdrawal of Appeal Sir, The hearing of the above referred case has been fixed for today. In this regard, most respectfully, it is submitted that the appeal in the instant case has Been mistakenly filed before your honours. The ground of appeal taken before the Hon’ble Bench has already been decided in the favour of the assessee by the Ld. CIT(A). In view of the above, we pray before your honour to kindly allow the withdrawal of Appeal in the instant case. We regret the inconvenience caused. Thanking You, Yours Faithfully, Ashok Tulsyan, AR In view of the above, we hereby dismiss the appeal of the assessee as withdrawn.

3.

In the result, the appeal of the assessee is dismissed.

Order pronounced in the Court on 08.11.2017

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