ITA Nos. 1852 & 1853/KOL/2019 A.Ys. 2014-2015 & 2015-2016 ITC Infotech India Limited 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA ‘C’ BENCH, KOLKATA Before Shri Rajpal Yadav, Vice-President (KZ) & Shri Rajesh Kumar, Accountant Member I.T.A. Nos. 1852 & 1853/KOL/2019 Assessment Years: 2014-2015 & 2015-2016 ITC Infotech India Limited,.......................................................Appellant Virginia House, 37, J.L. Nehru Road, Kolkata-700071 [PAN: AAACI7376Q] -Vs.- Assistant Commissioner of Income Tax,..................................Respondent Circle-2(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances by: Shri Bikash Chanda and Shri Aakash Agrawal, A.R, appeared on behalf of the assessee AShri Gaurav Kananjia, CIT(DR) & Shri Subendu Dutta, Addl. CIT, appeared on behalf of the Revenue Date of concluding the hearing : June 28, 2022 Date of pronouncing the order : July 11, 2022 O R D E R Per Bench:- These appeals were listed on 28 th June, 2022. The Bench has passed the following order in ITA No. 1852/KOL/2019:- 28.06.2022 : The Appeal was called out today and heard by the Bench constituted by: SHRI RAJPAL YADAV SHRI RAJESH KUMAR VICE PRESIDENT ACCOUNTANT MEMBER Assessee represented by: Bikash Chanda and Aakash Agrarwal, AR Department represented by: Gaurav Kananjia, CIT DR and Subendu Dutta, Addl.CIT ITA Nos. 1852 & 1853/KOL/2019 A.Ys. 2014-2015 & 2015-2016 ITC Infotech India Limited 2 The assessee and revenue are in cross-appeals against the order of the Id. CIT(A)-22, Kolkata, at. 08/08/2018 & 31/05/2019 for Assessment Years 2014-15 & 2015-16. The Ld. Counsel for the assessee submitted that ITA Nos. 1852 & 1853/Kol/2019, are filed by the assessee and the only substantial issue involved in both the appeals relate to disallowance of deduction of education cess claimed by the assessee. He submitted that, in view of the latest amendment in law, the assessee is not interested in prosecuting its appeals. In other words, he submitted that, the assessee would not be pressing this issue before the Tribunal. He further submitted that he would be filing an undertaking to this effect, issued by the management of the assessee company by tomorrow. As far as the appeals of the revenue are concerned, the Id. CIT D/R sought adjournment. Since the assessee is not pressing the grounds raised in its appeal, therefore, the hearing in these appeals are concluded and order are reserved whereas hearing in the appeals of the revenue is adjourned to 16th August,2022 . Ordered accordingly. Sd/- Sd/- RAJESH KUMAR RAJPAL YADAV ACCOUNTANT MEMBER VICE PRESIDENT 2. As observed by us, the assessee has filed a letter dated 28 th June, 2022 itself, whereby it’s ld. Authorized Representative Shri Sanjeev Seksaria pleaded that the assessee is not pressing the grounds involved in these appeals. Hence, both the appeals are dismissed. 3. In the result, both the appeals of the assessee are dismissed. Order pronounced in the open Court on July 11, 2022. Sd/- Sd/- (Rajesh Kumar) (Rajpal Yadav) Accountant Member Vice-President (KZ) Kolkata, the 11 th day of July, 2022 ITA Nos. 1852 & 1853/KOL/2019 A.Ys. 2014-2015 & 2015-2016 ITC Infotech India Limited 3 Copies to : (1) ITC Infotech India Limited, Virginia House, 37, J.L. Nehru Road, Kolkata-700071 (2) Assistant Commissioner of Income Tax, Circle-2(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 (3) Commissioner of Income Tax (Appeals)-22, Kolkata; (3) Commissioner of Income Tax- , Kolkata, (4) The Departmental Representative (5) Guard File TRUE COPY By order Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S.