Office of the Executive Engineers Kurseond Irrigation Division Acharya Bhanupath, Kalimpong V. DCIT, CPC, TDS, Bangalore

ITA 1046/KOL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1909 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 11 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-04-2017
• Appeal Filed By: Assessee
• Bench Allotted: A
• Next Hearing Date: 17-04-2017
• Assessment Year: 2013-2014
• Appeal Filed On: 16-05-2014
• Court: TRIBUNAL

Judgement Text

ITA NO. 1046/KOL/14 O/O EXECUTIVE ENGINEERS DARJEELING, WEST BENGAL 1 IN THE INCOME TAX APPELLATE TRIBUNAL,ABENCH, KOLKATA BEFORE: SHRI J.SUDHAKAR REDDY, ACCOUNTANT MEMBER , AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 1046/KOL/2014 A.Y: 2013-14 O/O THE EXECUTIVE VS. DEPUTY COMMISSIONER ENGINEERS, DARJEELING OF INCOME TAX,CPC,TDS WEST BENGAL PAN:CALO 03137B (APPELLANT) (RESPONDENT) APPEARANCES BY : NONE APPEARED, FILED WITHDRAWN APPLICATION SHRI S.C DAS, JCIT, SR. D.R FOR THE REVENUE DATE OF HEARING : 17-04-2017 DATE OF PRONOUNCEMENT : 17-04-2017 O R D E R SHRI S.S. VISWANETHRA RAVI, JM :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS), JALPAIGURI DATED 26-03-2014 FOR THE ASSESSMENT YEAR 2013-14. 2. AT THE TIME OF HEARING BEFORE US IT IS NOTICED T HAT NONE WAS PRESENT ON BEHALF OF ASSESSEE TO PROSECUTE ITS CASE , HOWEVER, VIDE MEMO NO.KSID/194 DATED 04-04-2014 ( COPY OF TH E SAME IS AVAILABLE ON RECORD) THE ASSESSEE HAS SUBMITTED BEFORE US THAT THE ASSESSEE WANTS TO WITHDRAW THE APPEAL BY S TATING AS UNDER:- ITA NO. 1046/KOL/14 O/O EXECUTIVE ENGINEERS DARJEELING, WEST BENGAL 2 SIR/MADAM, AN APPEAL HAD BEEN FILED BY US AG AINST DEFAULT DEMAND RAISED AGAINST OUR ABOVE MENTIONED TAN BY THE LEARN ED DCIT, CPC (TDS) BANGALORE RELATING TO ETDS RETURN FILED BY US UNDER FROM 26Q FOR 2 ND QUARTER OF FY 2012-13 (AY 2013-14). RELATING TO THIS APPEAL, WE HAVE REC EIVED 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, T HE DEMAND IN QUESTION HAS BEEN NULLIFIED BY FILING OF CORRESPONDING CORRE CTION RETURN BY DUE PROCESS THROUGH NSDL AND PROCESSED BY CPC (TDS), AN D AS ON DATE, THERE IS NO OUTSTANDING DEMAND AGAINST OUR TAN RELA TING TO SAID QUARTER OF SAID FINANCIAL YEAR AS PER DATA AVAILABLE ON TRA CES 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 3. LD.DR APPEARING ON BEHALF OF THE REVENUE HAS NOT OBJECTED TO THE ABOVE PROPOSITION OF THE ASSESSEE. IN VIEW O F THE ABOVE, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WI THDRAWN. 4. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMI SSED. ORDER PRONOUNCED IN OPEN COURT ON 17/04 /2017 J.SUDHAKAR REDDY S.S. VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 17-04 -2017 SD/- SD/- *PP/SPSCOPY OF THE ORDER FORWARDED TO: 1 . THE APPELLANT/ASSESSEE :OFFICE OF THE EXECUTIVE EN GINEERS, 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, ELECTRON IC CITY POST OFFICE, BANGALORE-560100, KARNATAKA. 3 THE CIT(A) 4.THE CIT 5. DR, KOL KATA BENCH 6. GUARD FILE ITA NO. 1046/KOL/14 O/O EXECUTIVE ENGINEERS DARJEELING, WEST BENGAL 3 TRUE COPY, BY ORDER, ASSTT REGISTRAR ** PRADIP SPS