ROSEWOOD MERCANTILE PVT. LTD.,KOLKATA vs. PCIT, -1, KOLKATA, KOLKATA

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ITA 770/KOL/2015Status: DisposedITAT Kolkata17 January 2017AY 2010-20112 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the withdrawal of the assessee's appeal as the Revenue did not object. Consequently, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order passed by the Commissioner of Income Tax under Section 263 of the Income Tax Act. The assessee subsequently filed an application to withdraw the appeal.

What were the issues?

The primary issue was whether the assessee's appeal should be allowed to be withdrawn, given the lack of objection from the Revenue.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, KOLKATA BENCH “D” KOLKATA

Before: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

आदेश /O R D E R

PER Waseem Ahmed, Accountant Member:-

1.

This appeal has been filed by the assessee relating to Assessment Year 2010-11 is directed against the order passed by Commissioner of Income Tax-1, Kolkata u/s 263 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) vide his order dated 25.03.2015. Shri Ashis Bajaj, Ld. Authorized Representative appeared on behalf of assessee and Shri Niraj Kumar, Ld. Departmental Representative appeared on behalf of Revenue.

2.

At the outset, Ld. counsel for the assessee filed an application dated 16.01.2017 wished to seek permission for withdrawal of the appeal regarding cited case law of A.Y. 2010-11 Rosewood Mercantile Pvt. Ltd. Vs. Pr. CIT-1 Kol. Page 2 jurisdictional High Court in the case of K.P.Jain vs. CIT (2011) 202 Taxman 244 (Cal) and Ld. DR has not objected the withdrawal of the same. As there is no objection from the Revenue, we permit the withdrawal of assessee’s appeal. Accordingly, this appeal of assessee is dismissed as withdrawn.

3.

In the result, assessee’s appeal stands dismissed as withdrawn. Order pronounced in open court on 17/01/2017

Sd/- Sd/- (S.S.Viswanethra Ravi) (Waseem Ahmed) Judicial Member Accountant Member *Dkp Sr.P.S �दनांकः- 17/01/2017 कोलकाता / Kolkata आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. अपीलाथ�/Appellant-Rosewood Mercantile Pvt. Ltd. D.J. Shah & Co., 2, Elgin Road, Kol-20 2. ��यथ�/Respondent-Pr.CIT, Kolkata-1,P-7Chowringhee Sq, Aaykar Bhawan,Kol-69 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण कोलकाता / DR, ITAT, Kolkata 6. गाड� फाइल / Guard file.

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