M/s. EMC Limited , Kolkata V. Principal C.I.T., Central - 1, Kolkata, Kolkata

ITA 498/KOL/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 1319 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-05-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 22-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S M SURANA
• Section: 22

Judgement Text

1 ITA NO.498/KOL/2018 AY 2014-15 M/S. EMC LIMITED , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA [ BEFORE SHRI A. T. VARKEY, JM & DR. A.L. SAINI, AM] I.T.A. NO. 498/KOL/2018 ASSESSMENT YEAR: 2014-15 M/S. EMC LIMITED (PAN) AAACE 7582J) VS. PRINCIPAL COMMISSIONER OF INCOME-TAX, CENTRAL-1, KOLKATA APPELLANT RESPONDENT FOR THE APPELLANT SHRI S.M. SURANA, ADVOCATE FOR THE RESPONDENT SHRI VIJAY SHANKAR, CIT,DR DATE OF HEARING 17.02.2020 DATE OF PRONOUNCEMENT 22 .05.2020 ORDER PER SHRI A.T.VARKEY, JM THIS IS AN APPEAL PREFERRED BY THE ASSESSEE IS AGAI NST THE REVISION ORDER OF LD. PR.CIT-1, KOLKATA DATED 19.12.2017 FOR AY 2013-14. 2. AT THE OUTSET ITSELF, THE LD. COUNSEL FOR THE AS SESSEE SUBMITTED BEFORE THE BENCH THAT HE HAS INSTRUCTION FROM THE ASSESSEE TO WITHDR AW THE APPEAL FILED BY THE ASSESSEE. HENCE, HE PRAYED BEFORE THE BENCH FOR WITHDRAWAL O F THIS APPEAL. THE LD. DR DID NOT RAISE ANY OBJECTION FOR WITHDRAWAL OF THE APPEAL. H ENCE, WE DISMISS THE APPEAL FILED BY THE ASSESSEE BY TREATING IT AS WITHDRAWN. 3. BEFORE PARTING, IT IS NOTED THAT THE ORDER IS BE ING PRONOUNCED AFTER THE NINETY (90) DAYS OF HEARING. HOWEVER, TAKING NOTE OF THE E XTRAORDINARY SITUATION IN THE LIGHT OF THE COVID-19 PANDEMIC AND LOCKDOWN, THE PERIOD OF L OCKDOWN DAYS NEED TO BE EXCLUDED. FOR COMING TO SUCH A CONCLUSION, WE RELY UPON THE DECISION OF THE CO- ORDINATE BENCH OF THE MUMBAI TRIBUNAL IN THE CASE O F DCIT VS. JSW LIMITED IN ITA NO. 6264/MUM/2018 & 6103/MUM/2018, ASSESSMENT YEAR 2013-14, ORDER DT. 14 TH 2 ITA NO.498/KOL/2018 AY 2014-15 M/S. EMC LIMITED MAY, 2020. IN THE LIGHT OF THE ABOVE DISCUSSION, TH E APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISS ED BEING WITHDRAWN. ORDER IS PRONOUNCED IN THE OPEN COURT ON 22 MAY, 2 020 SD/- SD/- ( A.L. SAINI) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 22 MAY,2020 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT - M/S. EMC LIMITED, 8 TH FLOOR, WING B, CONSTANTIA OFFICE COMPLEX, 11 DR. U.N. BRAHMACHARI STREET, KOLKATA-70 0 017. 2 RESPONDENT PR. CIT, CENTRAL CIRCLE-1, KOLKATA. 3 . THE CIT(A)-20, KOLKATA (SENT THROUGH E-MAIL) 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .