M/s Sigma Vyapaar Pvt Ltd, Kolkata V. I.T.O Wd - 1(4),kolkata, Kolkata

ITA 1444/KOL/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 83148 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 4 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-10-2014
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 21-05-2013
• Court: TRIBUNAL
• Department Lawyers: VARINDER MEHTA
• Section: 263

Judgement Text

, C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA () BEFORE , /AND , ! ) [BEFORE SHRI MAHAVIR SINGH, JM & SHRI SHAMIM YAHYA, AM] ' / I.T.A NO.1444/KOL/2013 #$ %&/ ASSESSMENT YEAR: 2008-09 M/S. SIGMA VYAPAAR PVT. LTD. VS. INCOME-TAX OFFI CER, WD-1(4), KOLKATA. (PAN: AALCS5314F) (() /APPELLANT ) (*+()/ RESPONDENT ) DATE OF HEARING: 18.09.2014 DATE OF PRONOUNCEMENT: 16.10.2014 FOR THE ASSESSEE: SHRI RAJEEVA KUMAR, ADVOCATE FOR THE RESPONDENT: SHRI VARINDER MEHTA, CIT, DR / ORDER PER SHRI MAHAVIR SINGH, JM : THIS APPEAL BY ASSESSEE IS ARISING OUT OF REVISION ORDER OF CIT-I, KOLKATA IN NO. CIT KOL-1/KOL/263/SIGMA VYAPAAR/2012-13/8291-92 DATED 2 1.03.2013. ASSESSMENT WAS FRAMED BY ITO, WD-1(4), KOLKATA U/S. 147/143(3) OF THE INCOME -TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) FOR ASSESSMENT YEAR 2008-09 VIDE HIS ORD ER DATED 31.05.2010. 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE FILE D A LETTER DATED 13.08.2014 REQUESTING FOR WITHDRAWAL OF APPEAL. THE RELEVANT TEXT OF THE LET TER READS AS UNDER: IN THIS REGARD, IT IS SUBMITTED THAT THE ASSESSEE HAD FILED THE APPEAL BEING ITA NO.1444/K/13 AGAINST THE ORDER DT. 08.03.2013 PASSE D BY LD. COMMISSIONER OF INCOME TAX, KOLKATA-1, KOLKATA UNDER SEC. 263 OF THE INCOM E TAX ACT, 1961. ASSESSMENT, IN PURSUANCE TO ORDER U/S. 263 OF THE ACT, HAS BEEN MA DE BY THE DCIT CC-XX, KOLKATA WHO IS HAVING PRESENT JURISDICTION OVER THE ASSESSEES CASE. AS SUCH, THIS APPEAL HAS BECOME INFRUCTUOUS. ACCORDINGLY, WE HAVE BEEN DIRECTED BY THE ASSESSEE TO WITHDRAW THE APPEAL BEARING ITA NO. 1444/K/13 PENDING ADJUDICATION BEFO RE THE HONBLE TRIBUNAL. IN VIEW OF THE ABOVE, APPEAL BEING ITA NO. 1444/K/1 3 MAY KINDLY BE ALLOWED TO BE WITHDRAWN. ON THIS, REVENUE OBJECTED FOR WITHDRAWAL OF THIS AP PEAL AND WANTED TO VERIFY THE RECORDS, HENCE, THE CASE WAS ADJOURNED AND HEARD ON 18.09.2014. DUR ING THE HEARING, REVENUE FILED A LETTER OBJECTING TO THE WITHDRAWAL VIDE NO. CIT(C-III)/KOL /ITAT/SYGMA VYAPAAR P. LTD./2014- 15/1977 DATED 17.09.2014, WHEREIN IT IS MENTIONED A S UNDER: 2 ITA NO. 1444/K/2013 SIGMA VYAPAAR PVT. LTD. AY 2008-09 IN THE ABOVE MENTIONED CASE THE APPELLANT HAS MADE PRAYER TO THE HONBLE ITAT TO ALLOW IT TO WITHDRAW THE APPEAL. THE DEPARTMENT OB JECTS TO IT AND PRAYS BEFORE THE COURT THAT IF APPEAL IS ALLOWED TO BE WITHDRAWN BY THE AP PELLANT THEN IT SHOULD BE KEPT ON RECORD THAT APPELLANT AGREES TO THE VALIDITY AND ME RIT OF THE ORDER PASSED U/S. 263 OF THE I. T. ACT DATED 08.03.2013 AGAINST WHICH THE APPELLATE HAS FILED APPEAL BEFORE THE HONBLE ITAT. 3. WE HAVE HEARD BOTH THE SIDES AND CONSIDERED THE FACTS OF THE CASE. ADMITTEDLY, THE CONSEQUENTIAL ASSESSMENT IN PURSUANCE TO REVISION O RDER PASSED BY CIT-1, KOLKATA IS PASSED, AS ADMITTED BY BOTH THE SIDES. THE ASSESSEE WANTS TO WITHDRAW THIS APPEAL AND DOES NOT WANT TO CONTEST THE REVISION ORDER AND REVENUES ONLY OBJEC TION IS THAT THE REVISION ORDER PASSED U/S. 263 OF THE ACT IS VALID. WE HAVE NO HESITATION IN ALLO WING WITHDRAWAL OF THIS APPEAL AND THIS ITSELF IS ADMISSION ON BEHALF OF THE ASSESSEE THAT REVISIO N ORDER IS VALID ORDER. BUT IT IS ALSO A FACT THAT THE CONSEQUENTIAL ASSESSMENT IN TERM OF REVISION OR DER HAS ALREADY BEEN FRAMED AND ASSESSEE SATISFIED WITH THE CONSEQUENTIAL ASSESSMENT. ACCOR DINGLY, WE PERMIT WITHDRAWAL AND APPEAL IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF ASSESSEE DISMISSED AS W ITHDRAWN. 5. ORDER IS PRONOUNCED IN THE OPEN COURT ON 16.10.2 014 SD/- SD/- , ! , (SHAMIM YAHYA) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 16TH OCTOBER, 2014 ,- #./ 0 JD.(SR.P.S.) 1 *2 3 2%4- COPY OF THE ORDER FORWARDED TO: 1 . () / APPELLANT M/S. SIGMA VYAPAAR PVT. LTD., 2 ND FLOOR, 3, SAKLAT PLACE, KOLKATA-700 072. 2 *+() / RESPONDENT ITO, WARD-1(4), KOLKATA. 3 . # ( )/ THE CIT(A), KOLKATA 4. 5. # / CIT KOLKATA 2:; *# / DR, KOLKATA BENCHES, KOLKATA +2 */ TRUE COPY, #