Mani Marketing & Holdings Pvt. Ltd., Kolkata V. CIT (Appeals) - 8, Kolkata, Kolkata

ITA 2551/KOL/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0706 (ITAT-KOLKATA)
• Duration Of Justice: 11 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 27-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST DATED PASSED
• Section: 154

Judgement Text

ITA NO.2551/KOL/2017 (ASSESSMENT YEAR-2008-09) IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D, KOLKATA BEFORE SH. J.SUDHAKAR REDDY, ACCOUNTANT MEMBER & SH. S.S.VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO.2551/KOL/2017 (ASSESSMENT YEAR-2008-09) ORDER PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER THIS APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 14.12.2017 PASSED BY CIT(A)-8, KOLKATA FOR AY 2008-09. 2. DURING THE COURSE OF HEARING, THE LD. AR FILED A LETTER DATED 28.11.2018 STATING THAT HE HAS BEEN INSTRUCTED TO WITHDRAW THE APPEAL. THE CONTENTS OF THE SAID LETTER IS REPRODUCED HEREIN BELOW: DATED: 26-11-2018 THE ASSISTANT REGISTRAR, D-BENCH INCOME TAX APPELLATE TRIBUNAL, 28.11.2018 225C, ACHARYA J.C. BOSE ROAD, KOLKATA - 700 020. DEAR SIR, RE.: MANI MARKETING & HOLDINGS PVT. LTD. ITA NO. 2551/KO1/2017 - ASST. YEAR 2008-09 KINDLY REFER TO ABOVE APPEAL FIXED FOR HEARING ON 28-11-2018 BEFORE HON'BLE MEMBERS OF 'D' BENCH. THIS APPEAL IS AGAINST CIT(A)'S ORDER REJECTING APPEAL AGAINST ORDER U/S. 154 OF CIT(A) REFUSING TO CORRECT THE SECTION OF HIS ORDER AS SEC. 250 IN PLACE OF SEC. 249(2) IN HIS ORDER IN APPEAL NO. 8/10019/2017-18. HOWEVER, IN QUANTUM APPEAL NO. 2399/K12017 AGAINST CIT(A)'S SAID ORDER, HON'BLE BENCH HAS ALREADY RESTORED BACK THE MATTER IN THE FILE OF CIT(A)-8 WITH A DIRECTION TO PASS FRESH ORDER U/S. 250 OF THE ACT. MANI MARKETING & HOLDING PVT.LTD., 8, CANNING STREET, 3 RD FLOOR, ROOM NO.305, KOLKATA-700001. PAN-AABCM7440C VS CIT(A)-8, 54/1, RAFI AHMED KIDWAI ROAD, 5 TH FLOOR, KOLKATA-700016. (APPELLANT) (RESPONDENT) APPELLANT BY SH. V.N.PUROHIT, LD.AR RESPONDENT BY SH. C.J.SINGH, SR.DR DATE OF HEARING 28.11.2018 DATE OF PRONOUNCEMENT 28.11.2018 ITA NO.2551/KOL/2017 (ASSESSMENT YEAR-2008-09) HENCE, IT IS PRAYED BEFORE THE HON'BLE BENCH THAT THIS APPEAL HAS BECOME INFRUCTUOUS AND MAY KINDLY BE ALLOWED TO BE WITHDRAWN. YOUR FAITHFULLY, SD/- ( V. N. PUROHIT ) AUTHORISED REPRESENTATIVE TO MANI MARKETING & HOLDINGS PVT. LTD. 3. IN VIEW OF THE ABOVE, WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.11.2018. SD/- SD/- (J.SUDHAKAR REDDY) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER [ DATE:- 28.11.2018 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT- MANI MARKETING & HOLDING PVT.LTD., 8, CANNING STREET, 3 RD FLOOR, ROOM NO.305, KOLKATA-700001. 2. RESPONDENT- CIT(A)-8, 54/1, RAFI AHMED KIDWAI ROAD, 5 TH FLOOR, KOLKATA-700016. 3. CIT-KOLKATA 4. CIT(APPEALS)-KOLKATA 5. DR: ITAT -KOLKATA BENCHES AR/H.O.O ITAT, KOLKATA