M/S BHARAT COKING COAL LTD,DHANBAD vs. ACIT CIR-1, DHANBAD

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ITA 126/RAN/2018Status: DisposedITAT Ranchi07 September 20223 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal. Since the dispute was no longer alive due to the subsequent order, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order. During the hearing, the assessee requested to withdraw the appeal as the disputed issue regarding disallowance of interest had been resolved by a subsequent order from the AO.

What were the issues?

Whether the appeal should be withdrawn as the disputed issue was resolved by a subsequent order of the Assessing Officer.

Which sections of the Income-tax Act were involved?

Section 40(a)(ia),Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “RANCHI BENCH, RANCHI

Before: Shri Sanjay Garg & Shri Manish Borad

order

: September 07, 2022 ORDER

Per Sanjay Garg, Judicial Member:

1.

The present appeal has been preferred by the assessee against the order dated 20.09.2017 of the Commissioner of Income Tax (Appeals), Dhanbad [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’).

2.

At the outset, the ld. Counsel for the assessee has submitted that the assessee may be allowed to withdraw the present appeal. A letter dated 25.08.2022 in this respect has been filed, the contents of which are reproduced as under:

From: M/s Bharat Coking Coal Ltd., Koyla Bhawan, Dhanbad Before, Hon'ble Income Tax Appellate Tribunal, Ranchi Bench, 1

I.T.A. No.126/Ran/2018 Assessment Year: 2011-12 M/s Bharat Coking Coal Ltd. Ranchi Sir, Reg: AY 2011-12 u/s 147 r.w.s. 143(3) Respectfully, with reference to the hearing of the above appeal fixed on 25.08.2022 it is submitted that there was a point in dispute at Ground No.4 in relation to disallowance of interest u/s 40(a)(ia) on interest waived by the parent holding company M/s Coal India Ltd. amounting to Rs. 37,86,26,000/-. Besides, at Ground No.3 there was dispute of Rs. 133.93 crores. In fact this addition was made in order u/s 143(3) against which ITA No. 293R/2017 is also pending. As such this ground is not pressed here in this appeal. As such the ground Nos. 1, 2 & 3 are not pressed. We are enclosing herewith the order u/s 143(3)/154/147/251/154 dated 31.03.2021 passed by Ld. AO, vide which the aforesaid addition of Rs.37,86,26,000/-, as per aforesaid Ground No. 4, has been reduced out of the total income. As such now there remains no dispute in the aforesaid appeal of the appellant. It is, therefore, requested that the aforesaid appeal be treated as withdrawn, as not pressed. Copy of similar order passed in ITA No.No.129/Ran/2018 Dated 24.02.2022 is also attached. For this act of kindness we shall remain much grateful. Filed by, Encl: Order u/s 143(3)/154/147/251/154 dated 31.03.2021 Order passed in ITA No. No.129/Ran/2018 Dated 24.02.2022 Ranchi Dt. 20.08.2022 (M. K. Chowdhary) Advocate

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