Office of the Executive Engineers… vs DCIT | ITAT Kolkata 2017

Income Tax Appellate Tribunal, ‘A’BENCH,

Before: Shri J.Sudhakar Reddy, & Shri S.S.Viswanethra Ravi

This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals), Jalpaiguri dated 26-03-2014 for the assessment year 2013-14.

At the time of hearing before us it is noticed that none was present on behalf of assessee to prosecute its case, however, vide Memo No.KSID/194 dated 04-04-2014 ( copy of the same is available on record) the assessee has submitted before us that the assessee wants to withdraw the appeal by stating as under:-

Sir/Madam, An appeal had been filed by us against Default Demand raised against our above mentioned TAN by the Learned DCIT, CPC (TDS) Bangalore relating to ETDS return filed by us under From 26Q for 2 n d Quarter of FY 2012-13 (AY 2013-14). Relating to this Appeal, we have received on 03.04.2017 a communication from your end regarding hearing to be held on 10.30 am 17.04.2017 at Kolkata (copy enclosed). However, in the intervening period, the Demand in Question has been nullified by filing of corresponding Correction Return by due process through NSDL and processed by CPC (TDS), and as on date, there is no outstanding demand against our TAN relating to said Quarter of said Financial Year as per Data available on TRACES Website. Therefore, in light of the above facts, we would like to withdraw our aforementioned Appeal filed before the Tribunal. Yours faithfully, Sd/- 4/4/17 Executive Engineer Kurseong, Irrigation Division, Kurseong, G.T.A

Ld.DR appearing on behalf of the revenue has not objected to the above proposition of the assessee. In view of the above, the appeal filed by the assessee is dismissed as withdrawn.

In the result, the appeal of assessee is dismissed. 4.

ORDER PRONOUNCED IN OPEN COURT ON 17/04/2017

Sd/- Sd/- J.Sudhakar Reddy S.S. Viswanethra Ravi Accountant Member Judicial Member Dated 17-04-2017

*PP/SPSCopy of the order forwarded to:

The Appellant/Assessee :Office of the Executive Engineers, Kurseong Irrigation Division,

Acharya Bhanupath, P.O Kurseong, West Bengal 734203.

2 The Respondent/Department- The Deputy Commissioner of Income Tax, CPC, TDS, Income Tax Department, CPC, Post Bag No.1, Electronic City Post Office,

Bangalore-560100, Karnataka.

OFFICE OF THE EXECUTIVE ENGINEERS KURSEOND IRRIGATION DIVISION ACHARYA BHANUPATH,,KALIMPONG vs. DCIT, CPC, TDS, BANGALORE