M/S. PHILIPS INDIA LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), KOLKATA, KOLKATA

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ITA 1489/KOL/2024Status: DisposedITAT Kolkata24 September 2024AY 2016-2017Bench: SRI RAJESH KUMAR, ACCOUNTANT MEMBER & PRADIP KUMAR CHOUBEY, JUDICIAL MEMBER I.T.A. No.: 1489/KOL/2024 Assessment Year: 2016-17 M/s. Philips India Ltd..............................................................Appellant [PAN: AABCP 9487 A] Vs. DCIT, Circle-11(1), Kolkata...................................................Respondent Appearances: Assessee represented by: Yukta Agarwal, AR. Department represented by: Ranu Biswas, Addl. CIT, Sr. DR. Date of concluding the hearing : September 232 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal. The appeal was dismissed as withdrawn because the rectification order by the CIT(A) resolved all disputes.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). Subsequently, the CIT(A) passed a rectification order under Section 154 read with Section 250 of the Income Tax Act, allowing the assessee's appeal.

What were the issues?

Whether the appeal is maintainable when a subsequent rectification order has resolved the dispute. The assessee sought to withdraw the appeal due to the favorable rectification.

Which sections of the Income-tax Act were involved?

Section 154,Section 250

AI-generated summary — verify with the full judgment below

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

Before: SRI RAJESH KUMAR & PRADIP KUMAR CHOUBEY

order

: September 24th, 2024 ORDER

Per Pradip Kumar Choubey, Judicial Member:

1.

The ld. Counsel for the assessee in course of argument has pressed his petition for withdrawal of the above captioned appeal. Ld. Counsel for the assessee submits that the present appeal has been filed by the appellant against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as ld. 'CIT(A)']. However, after the said order passed a rectification order has been passed by the ld. CIT(A) u/s 154 read with Section 250 of the Income Tax Act, 1961 (in short the 'Act') dated 12.07.2024 in which the appeal of the appellant has been allowed and there remains no other I.T.A. No.: 1489/KOL/2024 Assessment Year: 2016-17 M/s. Philips India Ltd. dispute. Hence, the prayer is to permit the appellant to withdraw the present appeal. 1.1. Keeping in view the submission as well as the petition filed by the appellant, the present appeal is hereby dismissed as withdrawn.

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