Kedia Trade & Agencies (P) Ltd, Kolkata V. PCIT-2, Kolkata

ITA 447/KOL/2020

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 1721 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 10 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-05-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 16-07-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Revision of order
• Section: 263

Judgement Text

आयकर अपीलȣय अͬधकरण Ûयायपीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA ] ] BEFORE SHRI RAJPAL YADAV, VICE PRESIDENT AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No. 447/Kol/2020 Assessment Year : 2015-16 Kedia Trade & Agencies Pvt. Ltd. 77, Elliot Road 4 th Floor Kolkata – 700016 PAN : AABCK1131C Vs Pr. Commissioner of Income Tax-2, Kolkata अपीलाथȸ/ (Appellant) Ĥ× यथȸ/ (Respondent) Assessee by : Shri A.K. Tibrewal, A/R Revenue by : Shri Suipta Guha, CIT, D/R स ु नवाई कȧ तारȣख/Date of Hearing : 18/05/2022 घोषणा कȧ तारȣख /Date of Pronouncement : 20/05/2022 आदेश/O R D E R PER RAJPAL YADAV, VICE PRESIDENT : The present appeal is directed at the instance of the assessee against the order of the ld. Principal Commissioner of Income Tax (Appeals), Kolkata - 2, [hereinafter the “ld. Pr. CIT”], dt. 10/06/2020, passed u/s 263 of the Income Tax Act, 1961 (in short “the Act”) for the Assessment Year 2015- 16. 2. The ld. Counsel for the assessee at the very outset submitted that as per Section 153(1) of the Act, an assessment order should be passed within one year from the end of the financial year in which the order u/s 263 of the Act was passed. He pointed out that the assessment order should have been passed by 31/03/2021. According the ld. Counsel for the assessee, no such assessment order has been passed or ever served upon the assessee. therefore, on the basis of above information the assessee submitted that this appeal becomes redundant because no assessment has been framed in ITA No. 447/Kol/2020 Assessment Year : 2015-16 Kedia Trade & Agencies Pvt. Ltd. 2 consequence to the impugned order. The assessee does not want to pursue this appeal in view of the above situation. 3. However, with abundant caution, we observe that in case some assessment order is unearthed with effect that it was issued for service upon the assessee but could not be effected or an assessment order in pursuance to this order dt. 10/06/2020 sees the day of light which was passed by 31/03/2021, then the assessee will be at liberty to get the appeal revived. 4. In the result, appeal of the assessee is dismissed as withdrawn in above terms. Order pronounced in the Court on 20 th May, 2022 at Kolkata. Sd/- Sd/- (GIRISH AGRAWAL) (RAJPAL YADAV) ACCOUNTANT MEMBER VICE-PRESIDENT Kolkata, Dated 20/05/2022 *SC SrPs ITA No. 447/Kol/2020 Assessment Year : 2015-16 Kedia Trade & Agencies Pvt. Ltd. 3 आदेश कȧ ĤǓतͧलͪप अĒेͪषत/Copy of the Order forwarded to : 1. अपीलाथȸ / The Appellant 2. Ĥ×यथȸ / The Respondent. 3. संबंͬधत आयकर आय ु Èत / Concerned Pr. CIT 4. आयकर आय ु Èत)अपील (/ The CIT(A)- 5. ͪवभागीय ĤǓतǓनͬध ,आयकर अपीलȣय अͬधकरण,Kolkata/DR,ITAT, Kolkata 6. गाड[ फाईल /Guard file. आदेशान ु सार/ BY ORDER, TRUE COPY Assistant Registrar आयकर अपीलȣय अͬधकरण ITAT, Kolkata