M/s. Kaushal Power & Steel Pvt. Ltd., Kolkata V. DCIT, Circle-2, Kolkata, Kolkata

ITA 520/KOL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 1507 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-09-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 17-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G MALLIKARJUNA
• Assessee Lawyers: S M SURANA
• Section: 143(3); 263

Judgement Text

, C , IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C KOLKATA BEFORE SHRI N.V.VASUDEVAN, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ITA NO. 520 / KOL / 2017 ASSESSMENT YEAR :2012-13 M/S KAUSHAL POWER & STEELS PVT. LTD. 9, MANGOE LANE, R. NO 28, 2 ND FLOOR, GURUNANAK ESTATE OWNERS, DALHOUSIE, KOLKATA-001 [ PAN NO.AABCK 1017 D ] V/S . DCIT, CIRCLE-2, P-7, CHOWRINGHEE SQUARE, AAYAKAR BHAWN, KOLKATA-69 /APPELLANT .. / RESPONDENT /BY APPELLANT SHRI S.M. SURANA, ADVOCATE /BY RESPONDENT SHRI G. MALLIKARJUNA, CIT-DR /DATE OF HEARING 06-09-2017 !' /DATE OF PRONOUNCEMENT 06-09-2017 / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER:- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF PRINCIPAL COMMISSIONER OF INCOME TAX-1, KOLKATA DAT ED 20.02.2017 FOR THE ASSESSMENT YEAR 2012-13 PASSED U/S 263 OF THE INCOM E TAX ACT, 1961. 2. AT THE TIME OF HEARING FIXED TODAY I.E. 06-09-2 017 LD. COUNSEL FOR THE ASSESSEE STATED THAT AN APPLICATION DATED 10.08.201 7 SEEKING THE PERMISSION OF THE BENCH TO WITHDRAW THIS APPEAL. THE RELEVANT EXTRACT OF THE APPLICATION IS REPRODUCED BELOW:- RESPECTED SIR, REFERENCE: ITA NO.520/KOL/2017 SUBJECT: PETITION FOR WITHDRAWAL OF APPEAL ITA NO.520/KOL/2017 A.Y. 2012-13 M/S KAUSHAL POWER & STEELS PVT. LTD. VS. DCIT, CIR-2, KOL. PAGE 2 PLEASE REFER TO ABOVE. THE APPELLANT DO HEREBY MOST RESPECTFULLY SUBMITS THAT THE ABOVE APPEAL BEFORE YOUR HONOUR WAS FILED BY US AGAINST T HE ORDER U/S 263 OF THE INCOME TAX ACT, 1961 (THE ACT) PASSED BY THE LD. PR . CIT-1, KOLKATA SETTING ASIDE THE ASSESSMENT ORDER DATED 29.09.2014 PASSED BY THE LD. DCIT, CIRCLE- 2, KOLKATA U/S 143(3) OF THE ACT FOR THE ASSESSMENT YEAR 2012-13. HOWEVER, PURSUANT TO THE REVISION ORDER U/S. 263, AN ASSESSMENT ORDER HAS BEEN PASSED BY THE LD ASSESSING OFFICER ON 31.03.20 17 ORDER U/S. 263/143(3) OF THE ACT. UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, THE PETITIONER DO HEREBY MOST RESPECTFULLLY REQUEST YOUR HONOUR TO ALLOW US TO WITHDRAW THE APPEAL. FOR THIS ACT OF KINDNESS, THE APPELLANT AS IN DUTY BOUND SHALL EVER PRAY. LD. DR HAS NO OBJECTION IN THIS REGARD. THE PERMISS ION AS SOUGHT BY THE ASSESSEE IS GRANTED AND THIS APPEAL IS DISMISSED AS WITHDRAWN. 3. IN THE RESULT, ASSESSEES APPEAL STANDS DISMISSED A S WITHDRAWN. ORDER PRONOUNCED IN THE COURT AT THE CLO SE OF THE HEARING ON 6 TH SEPTEMBER, 2017. SD/- SD/- ($%&) ( %&) (N.V.VASUDEVAN) (WASEEM AHMED) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) KOLKATA, *DKP, SR.P.S (%)*- 06 / 09 /201 7 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-M/S KAUSHAL POWER & STEELS PVT. LTD., 9, MNGOE LANE, R.NO.28, 2 ND FLOOR, GURUNANA K ESTATE OWNERS, DALHOUSIE, KOLKATA-001 2. /RESPONDENT-DCIT, CIR-2, P-7, CHOWRINGHEE SQ, AAYAK AR BHAWAN, KOLKATA-69 3.)2)3 4 / CONCERNED CIT KOLKATA 4. 4- / CIT (A) KOLKATA 5.789$$3 , 3 , / DR, ITAT, KOLKATA 6.9;<=> / GUARD FILE. BY ORDER/ %, /TRUE COPY/ SR. PRIVATE SECRETARY, HEAD OF OFFICE/DDO 3 ,