M/S BHARART COKING COAL LTD , DHANBAD V. ACIT CIR-1 , DHANBAD

ITA 129/RAN/2018

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 8046 (ITAT-RANCHI)
• Duration Of Justice: 3 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 08-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 40(a)(ia); 251

Judgement Text

ITA No. 129/RAN/2018 A.Y. 2013-2014 M/s. Bharat Coking Coal Ltd., Dhanbad 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA-RANCHI ‘E-COURT’, KOLKATA [Virtual Court Hearing] Before Shri Rajpal Yadav, Vice-President (KZ) & Shri Girish Agrawal, Accountant Member I.T.A. No. 129/RAN/2018 Assessment Year: 2013-2014 M/s. Bharat Coking Coal Limited,............................................Appellant Finance Directorate, Ground Floor, Koyla Bhawan, Koyla Nagar, Dhanbad-826005 [PAN: AAACB7934M] -Vs.- Assistant Commissioner of Income Tax .....................................Respondent Circle-1, Aayakar Bhawan, L.C. Road, Dhanbad-826001 Appearances by: Shri M.K. Choudh ary, Advoc ate & Sh ri De ves h Podd ar, Ad vocate , appe ared on behalf of the as ses see Shri Sanjan Mukherjee, CIT(DR), appeared on behalf of the Revenue Date of concluding the hearing : February 23, 2022 Date of pronouncing the order : February 24, 2022 O R D E R Per Girish Agrawal, Accountant Member:- This appeal is by the assessee directed against the order passed u/s 143(3) of the Income-tax Act, 1961 (‘the Act’), by the Ld. ACIT Circle -1 Dhanbad for A.Y. 2013-14 vide order dated 18.03.2016. 2. At the outset, we find that the Authorized Representative (AR) Shri M.K. Chowdhary, Advocate, has filed a letter dated 21.02.2022 seeking permission from the Bench to withdraw the instant appeal filed by the assessee. Ld. AR submitted through his letter that Ld. AO has passed an order dated 31.03.2021 u/s 143(3) rws 251 and 154 of the Act by which the only point in dispute in the present appeal in relation to ITA No. 129/RAN/2018 A.Y. 2013-2014 M/s. Bharat Coking Coal Ltd., Dhanbad 2 disallowance of interest u/s 40(a)(ia) of the Act on interest waived by the parent holding company M/s. Coal India Ltd. amounting to Rs. 18.34 Crores has been rectified and resolved. According to the Ld. Counsel, since the dispute is resolved, the instant appeal may be permitted to be withdrawn. 3. Since the Ld. DR has no objection in this regard, the permission as sought by the assessee is granted and this appeal of the assessee is dismissed as withdrawn. 4. In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open Court on February 24, 2022. Sd/- Sd/- (Rajpal Yadav) (Girish Agrawal ) Vice-President (KZ) Accountant Member Kolkata, the 24 th day of February, 2022 Copies to : (1) M/s. Bharat Coking Coal Limited, Finance Directorate, Ground Floor, Koyla Bhawan, Koyla Nagar, Dhanbad-826005 (2) Assistant Commissioner of Income Tax Circle-1, Aayakar Bhawan, L.C. Road, Dhanbad-826001 (3) Commissio ne r of Income Tax (A ppe als), Dh anb ad, (4) Commi ssioner of Inco me T ax- (4) The De part ment al Re present ati ve (5) Guard File TRUE COPY By order Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S.