Sogani Heritage Hotel Limited, Kolkata V. PCIT-1, Kolkata

ITA 196/KOL/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 2365 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 23-06-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Revision of order; Period of limitation; Time period of passing order
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘B’ BENCH, KOLKATA Before SRI MANISH BORAD, ACCOUNTANT MEMBER & SRI SONJOY SARMA, JUDICIAL MEMBER I.T.A. No.: 196/Kol/2021 Assessment Year: 2011-12 Sogani Heritage Hotel Limited.................................Appellant [PAN: AABCT 8796 Q] Vs. PCIT, Kolkata-1, Kolkata......................................Respondent Appearances by: None appeared on behalf of the Assessee. Sh. Sudipta Guha, CIT(D/R), appeared on behalf of the Revenue. Date of concluding the hearing : May 26 th , 2022 Date of pronouncing the order : June 28 th , 2022 ORDER Per Manish Borad, Accountant Member: This appeal filed by the assessee pertaining to the Assessment Year (in short “AY”) 2011-12 is directed against the order passed u/s 263 of the Income Tax Act, 1961 (in short the “Act”) of ld. Pr. Commissioner of Income-tax, Kolkata-1, Kolkata [in short ld. “PCIT”] dated 22.03.2021 which is arising out of the assessment order framed u/s 147/143(3) of the Act dated 13.12.2018. 2. Registry has informed that the appeal is time barred by 33 days. Perusal of the records show that the delay was on account of I.T.A. No.: 196/Kol/2021 Assessment Year: 2011-12 Sogani Heritage Hotel Limited. Page 2 of 3 COVID-19 restrictions. We, therefore, in view of the judgment of The Hon’ble Supreme Court vide Miscellaneous Application No. 21 of 2022 find that the limitation period in filing appeal between 15.03.2020 till 28.02.2022 has been excluded for calculating the limitation period. Since the period of limitation in the case of the assessee falls during this period, the same deserves to be extended and we, therefore, condone the delay of 33 days and admit the appeal for adjudication. 3. In the written submission filed by the assessee on 04.04.2022 it is submitted that the present appeal is against the revisionary proceedings carried out by ld. PCIT u/s 263 of the Act. As per the directions given in the impugned order ld. Assessing Officer has passed the assessment order on 26.03.2022 and since there remains no adversity/adverse consequences on the assessee, the assessee is not interested to pursue this appeal and sought permission to withdraw this appeal. Ld. D/R did not raise any objection to this request of the assessee withdrawing the appeal. 4. We have heard ld. D/R, gone through the written submissions filed by the assessee and perused the records placed before us. The assessee has challenged the revisionary proceedings carried out by the ld. PCIT u/s 263 of the Act for AY 2011-12. Since in the assessment proceedings carried out in lieu of the impugned order, there is no adversity/adverse consequences on the assessee, the assessee has requested to withdraw this appeal. Since there is no objection by the ld. D/R, we hereby dismiss this appeal as withdrawn. I.T.A. No.: 196/Kol/2021 Assessment Year: 2011-12 Sogani Heritage Hotel Limited. Page 3 of 3 5. In the result, the appeal of the assessee is dismissed as withdrawn. Kolkata, the 28 th June, 2022. Sd/- Sd/- [Sonjoy Sarma] [Manish Borad] Judicial Member Accountant Member Dated: 28.06.2022 Bidhan (P.S.) Copy of the order forwarded to: 1. Sogani Heritage Hotel Limited, 404, 4 th Floor, Kamal House, 50, Weston Street, Kolkata-700 012. 2. PCIT, Kolkata-1, Kolkata. 3. CIT(A)- 4. CIT- 5. CIT(DR), Kolkata Benches, Kolkata. True copy By order Assistant Registrar ITAT, Kolkata Benches Kolkata