M/S ABT INVESTMENTS INDIA P LTD , COIMBATORE V. ITO , CORP WARD 3 , COIMBATORE

ITA 739/CHNY/2022

AI Insights

The case involves M/s. ABT Investments India P. Ltd., the appellant, against the Principal Commissioner of Income Tax-1/ITO, Corporate Ward-3, Coimbatore, the respondent. The appeal was related to the assessment year 2017-18 and was directed against an order dated 01.02.2022 by the Principal Commissioner of Income Tax-1, Coimbatore. The primary issue was the delay in filing the appeal by 150 days without a condonation petition, which initially made the appeal not maintainable. During the tribunal hearing, the appellant's counsel requested to withdraw the appeal, which was accepted by the tribunal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 134765 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 22-03-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 29-08-2022
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S. VENKATRAMANI

Judgement Text

आयकर अपीलीय अिधकरण, ‘ए’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI ŵी वी. दुगाŊ राव, Ɋाियक सद˟ एवं ŵी मनोज कु मार अŤवाल, लेखा सद˟ के समƗ । Before Shri V. Durga Rao, Judicial Member & Shri Manoj Kumar Aggarwal, Accountant Member आयकर अपील सं./I.T.A. No.739/Chny/2022 िनधाŊरण वषŊ/Assessment Year: 2017-18 M/s. ABT Investments India P. Ltd., 180, Race Course Road, Coimbatore 641 018. [PAN:AADCA6350P] Vs. The Principal Commissioner of Income Tax-1/ITO, Corporate Ward-3, Coimbatore. (अपीलाथŎ/Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : Shri Girish, Advocate for Shri S. Sridhar, Advocate ŮȑथŎ की ओर से/Respondent by : Shri S. Venkatramani, CIT सुनवाई की तारीख/ Date of hearing : 23.03.2023 घोषणा की तारीख /Date of Pronouncement : 23.03.2023 आदेश /O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order of the ld. Principal Commissioner of Income Tax-1, Coimbatore dated 01.02.2022 relevant to the assessment year 2017-18. 2. The appeal filed by the assessee is delayed by 150 days in filing the appeal. Since the assessee has not filed petition for condonation of delay, this appeal filed by the assessee is not maintainable and liable to be dismissed. However, when the appeal came up for hearing, by filing a I.T.A. No.739/Chny/22 2 petition dated 23.03.20323, the ld. Counsel for the assessee has prayed for withdrawal of the appeal, against which, the ld. DR has not raised any objection. Accordingly, the appeal filed by the assessee is dismissed as withdrawn. 3. In the result, the appeal filed by the assessee is dismissed. Order pronounced on 23 rd March, 2023 at Chennai. Sd/- Sd/- (MANOJ KUMAR AGGARWAL) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER Chennai, Dated, 23.03.2023 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ (अपील)/CIT(A), 4. आयकर आयुƅ/CIT, 5. िवभागीय Ůितिनिध/DR & 6. गाडŊ फाईल/GF.