Ultrasmart Retails Pvt. Ltd.since converter in to Ultrasmart Retails LLP, Kolkata V. PCIT-4, Kolkata

ITA 415/KOL/2020

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 0588 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 01-07-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AMOL KAMAT
• Keywords: Period of limitation; Time period of passing order

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCH “A”, KOLKATA BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER [VIRTUAL COURT HEARING] ITA No.415/Kol/2020 Assessment Year: 2015-16 Ultrasmart Retail Pvt. Ltd. (Since converted into Ultrasmart Retail LLP) 9D, S.P. Mukherjee Road, Belghoria, North 24 Parganas, West Bengal -700056. PAN: AABCU7112K Vs. PCIT – 4, Kolkata (Appellant) (Respondent) Present for: Appellant by : Shri Umang Chhaparia, AR Respondent by : Shri Amol Kamat, CIT, DR Date of Hearing : 20.12.2021 Date of Pronouncement : 05.01.2022 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: The present appeal has been preferred by the assessee for the assessment year 2015-16 against the order dated 27.02.2020 of the Principal Commissioner of Income Tax-4, Kolkata. 2. Though the Registry has pointed out that the appeal is time barred, however, in view of the decision of the Hon’ble Supreme Court in the case of Miscellaneous Application No. 665 of 2021 in SMW(C) No. 3 of 2020, the period of filing appeal during the COVID- 19 pandemic is to be excluded for the purpose of counting the ITA No.415/KOL/2020 Ultrasmart Retail Pvt. Ltd. A.Y. 2015-16 2 limitation period. In view of this, the appeal is treated as filed within the limitation period. 3. At the outset, the authorized representative of the assessee has sought permission of the Bench to withdraw this appeal filed by the assessee. Since the ld. DR has no objection in this regard, the permission as sought by the assessee is granted and this appeal of the assessee is dismissed as withdrawn. 4. In the result, the captioned appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 05.01.2022. Sd/- Sd/- (SANJAY GARG) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER Kolkata, Dated: 05.01.2022. Biswajit, Sr. P.S. Copy to: The Appellant The Respondent The CIT, Concerned, Kolkata The CIT (A) Concerned, Kolkata The DR Concerned Bench //True Copy// [ By Order Sr. Private Secretary/DDO ITAT, Kolkata Benches, Kolkata