Jayshree Chemicals Ltd, Kolkata V. PCIT-2, Kolkata

ITA 199/KOL/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 3317 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2016-2017
• Appeal Filed On: 24-06-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Assessee Lawyers: ARVIND AGARWAL
• Section: 263; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH: KOLKATA [Before Shri Sanjay Garg, Judicial Member & Shri Rajesh Kumar, Accountant Member ] I.T.A. No. 199/Kol/2021 Assessment Year : 2016-17 Jayshree Chemicals Ltd. (PAN: AAACJ 6736 B) Vs. PCIT, Kolkata-2, Kolkata Appellant Respondent Date of Hearing 26.07.2022 Date of Pronouncement 26.07.2022 For the Appellant Shri Arvind Agarwal, Advocate For the Respondent Smt. Ranu Biswas, Addl. CITDR ORDER Per Shri Rajesh Kumar, AM: The present appeal has been preferred by the assessee against the order of the Ld. Principal Commissioner of Income Tax (Appeals)-2, Kolkata [hereinafter referred to as ‘Ld. PCIT’] passed u/s 263 of the Income Tax Act, 1961 (hereinafter referred to as the Act) dated 18.03.2021 for AY 2016 -17. 2. At the outset, the Counsel of the assessee placed an application before the Bench requesting for the withdrawal of the instant appeal in the light of decision of Hon’ble Calcutta High Court decision on the writ petition filed by the assessee against the ex-parte effect order passed u/s 144 r.w.s 263 of the Act restoring the matter to the file of the jurisdictional AO to decide the same after giving opportunity to the assessee. Now the assessee prays for the permission of the Bench to withdraw the appeal. As the ld. CIT-DR has not objected to the same, the appeal of the appellant is, therefore, dismissed as withdrawn. I.T.A. No.199/Kol/2021 Assessment Year: 2016-17 Jayshree Chemicals Ltd 3. In the result, the appeal of the assessee stands dismissed as withdrawn. Order is pronounced in the open court on 26 th July, 2022 Sd/- Sd/- (Sanjay Garg) (Rajesh Kumar) Judicial Member Accountant Member Dated: 26 th July, 2022 SB, Sr. PS Copy of the order forwarded to: 1. Appellant- Jayshree Chemicals ltd., 31, Chowranghee Road, Kolkata-700016 2. Respondent – PCIT, Kolkata-2, Kolkata 3. DR, Kolkata Benches, Kolkata (sent through e-mail) True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata