DCIT, Central Circle-2(1), , Kolkata V. Amricon Agrovet Pvt. Ltd., Kolkata

ITA 1719/KOL/2019

AI Insights

The case involved an appeal by the Deputy Commissioner of Income-tax, Central Circle-2(1), Kolkata against M/s. Amricon Agrovet Pvt. Ltd. concerning the assessment order under sections 143(3) and 92CA(3) of the Income-tax Act, 1961 for the assessment year 2015-16. The appeal was against the order passed by the CIT(A)-22, Kolkata, which had provided relief to the respondent by disallowing certain additions made in the assessment. However, during the proceedings, it was brought to the notice of the tribunal that the respondent company had been dissolved by an order from the NCLT, Kolkata, under the Insolvency & Bankruptcy Code, 2016. Consequently, the appeal was dismissed as infructuous.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 125322 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-12-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 11-12-2022
• Assessment Year: misc
• Appeal Filed On: 21-12-2022
• Laws Referred To: Income-tax Act, 1961, Insolvency & Bankruptcy Code, 2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA आयकरअपीलीयअधीकरण, Ɋायपीठ “C”कोलकाता, BEFORE SHRI RAJPAL YADAV, VICE PRESIDENT AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No.1719/Kol/2019 Assessment Year: 2015-16 Deputy Commissioner of Income-tax, Central Circle- 2(1), Kolkata. Vs. M/s. Amricon Agrovet Pvt. Ltd. 158, Lenin Sarani, Kolkata- 700013. (PAN:AADCA1610Q) (Appellant) (Respondent) Present for: Appellant by : N o n e Respondent by : Shri Amal Kamat, CIT Date of Hearing : 12.12.2022 Date of Pronouncement : 14.12.2022 O R D E R PER GIRISH AGRAWAL, ACCOUNTANT MEMBER: This appeal filed by the revenue is against the order of Ld. CIT(A)-22, Kolkata vide Appeal No. 92/CIT(A)-22/15-16/18- 19/Koldated 30.04.2019 passed against the assessment order by the DCIT, Central Circle-2(1), Kolkata u/s. 143(3) r.w.s. 92CA(3) of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) dated 12.12.2018. 2. None appeared on behalf of the assessee. Shri Amal Kamat, CIT appeared for the revenue. 3. At the outset, Ld. CIT, DR submitted that the assessee company has been dissolved vide order of National Company Law Tribunal (NCLT), Kolkata dated 07.11.2022 rendering the present appeal by the M/s. Amricon Agrovet Pvt. Ltd. ITA No.1719/Kol/2019, AY 2015-16 2 Revenue as infructuous. Ld. CIT, DR placed on record copy of the order of NCLT, Kolkata passed u/s. 33 of Insolvency & Bankruptcy Code, 2016 and communication by the ACIT, Central Circle-2(1), Kolkata dated 11.11.2022 in respect of the submission that the assessee company has been dissolved. 4. We have gone through the above stated order and communication placed before us. We note that the appeal is filed by the department and assessee has already been given relief by the Ld. CIT(A) on the disallowance and additions made in the assessment completed u/s. 143(3) read with section 92C(3) of the Act. Considering the fact of assessee company having dissolved by the order of NCLT, Kolkata and submission made by the Ld. CIT, DR, we dismiss the appeal of the revenue as infructuous. 5. In the result, the appeal of the revenue is dismissed. Order pronounced in the open Court on 14th December,2022 Sd/- Sd/- (Rajpal Yadav) (Girish Agrawal) Vice President Accountant Member Dated: 14th December, 2022 JD, Sr. P.S. Copy to: 1. The Appellant: 2. The Respondent:. 3. CIT(A)-22, Kolkata 4. The Pr. CIT, Kolkata. 5. DR, ITAT, Kolkata Bench, Kolkata //True Copy// By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata