RECKITT BENCKISER (INDIA) PVT. LTD.,KOLKATA vs. CIT -4, KOLKATA, KOLKATA

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ITA 1222/KOL/2016Status: DisposedITAT Kolkata31 January 2017AY 2010-20113 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 that the AO's subsequent order resulted in no additions to the assessee's income. Consequently, the assessee had no further grievance and requested to withdraw the appeal.

What were the facts?

The assessee company appealed against an order passed by the CIT under Section 263. The Assessing Officer (AO) subsequently passed an order giving effect to the CIT's order, making no additions or adjustments to the assessee's total income.

What were the issues?

Whether the appeal is maintainable when the AO's subsequent order has resolved the assessee's grievance.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Kolkata Bench, KOLKATA

Before: SRI ABY T.VARKEY & SHRI WASEEM AHMED

Hearing: 11.01.2017Pronounced: 31.01.2017

This is an appeal preferred by the assessee company against the order of the CIT-4, Kolkata, passed u/s 263 of the Act dt. 28.03.2016 for assessment year 2010- 11. 2. At the outset itself the Ld. AR, Sri Amit Sharma, CA, submitted that pursuant to the order of the CIT, dt. 28.03.2016, u/s 263 of the Act, the AO has given effect to the order u/s 263/143B of the Act vide order dt. 29.12.2016, wherein no addition, adjustments have been made by the AO in the total income of the company

2 Reckitt Benckiser (India)(P)(Ltd.) A.Yr.2010-11 for the assessment year 2010-11. Therefore, no grievance is left to be redressed by this Tribunal in this matter, so the assessee wants to withdraw the appeal. The Ld. DR does not have any objection in the assessee withdrawing the appeal.

3.

We have heard both the parties and perused the records. We have gone through the order of assessment passed pursuant to the order of the Ld. CIT, u/s 263 of the Act, dt. 28.03.2016. The AO has given effect to the order of Ld. CIT vide order dt. 29.12.2016. We take note that there is no addition/disallowances has been made in the total income of the assessee. Therefore, the Ld. AR submitted that they have no grievance left to be redressed by us, therefore, we allow the prayer of the assessee to withdraw the appeal.

9.

In the result the appeal of the assessee is dismissed as withdrawn. Order pronounced in the Court on 31.01.2017. Sd/- Sd/- [Shri Wassem Ahmed] [A.T.Varkey] Accountant Member Judicial Member Dated : 31.01.2017 {SC SPS} Copy of the order forwarded to:

1. 1. Reckitt Benckiser (India) Pvt. Ltd. Diamond Prestige, 3rd Floor, Suit No. 315, 41A AJC Bose Road, Kolkata-700069.

2. D.C.I.T., Circle-12(1), Kolkata 3. CIT(A)- Kolkata. 4. CIT – , Kolkata. 5. CIT(DR), Kolkata Benches, Kolkata.

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