M/s BATA INDIA LTD., Kolkata V. D.C.I.T Cir - 2,kolkata., Kolkata

ITA 75/KOL/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5116 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 1 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2016
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 14-01-2013
• Court: TRIBUNAL
• Assessee Lawyers: S JHAJHARIA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA [BEFORE SHRI MAHAVIR SINGH, JM & SHRI WASEEM AHMED , AM] I.T.A NO.75/KOL/2013 ASSESSMENT YEAR: 2006-07 M/S. BATA INDIA LTD. VS. DEPUTY COMMISSIONER O F INCOME-TAX, (PAN:AABCB1043Q) CIRCLE-2, KOLKATA. ( APPELLANT ) ( RESPONDENT ) DATE OF HEARING: 17.02.2016 DATE OF PRONOUNCEMENT: 17.02.2016 FOR THE APPELLANT: SHRI S. JHAJHARIA, AR FOR THE RESPONDENT: SHRI SALLONG YADEN, JCIT, SR . DR ORDER PER SHRI MAHAVIR SINGH, JM: THIS APPEAL BY ASSESSEE IS ARISING OUT OF ORDER OF CIT(A)-I, KOLKATA VIDE APPEAL NO. 533/CIT(A)-1/CIRCLE-2/2009-10 DATED 04.09.2012. ASS ESSMENT WAS FRAMED BY DCIT, CIRCLE-2, KOLKATA U/S. 143(3) OF THE INCOME TAX ACT, 1961 (HE REINAFTER REFERRED TO AS THE ACT) FOR ASSESSMENT YEAR 2006-07 VIDE HIS ORDER DATED 24.12. 2009. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE STATED THAT HE WANTS TO WITHDRAW THIS APPEAL FILED BY ASSESSEE FOR THE REASON THAT THE IS SUE RAISED IN THIS APPEAL HAS ALREADY BEEN ADJUDICATED IN ASSESSEES CO NO. 11/KOL/2013, WHICH IS FILED OUT OF THE APPEAL OF REVENUE IN ITA NO. 1828/KOL/2012 AND THE SAME ISSUE WAS ADJUDI CATED BY TRIBUNAL AND HE FILED COPY OF TRIBUNALS ORDER DATED 23.05.2013. ON QUERY FROM T HE BENCH, LD. SR. DR HAS NOT OBJECTED TO WITHDRAWAL OF THE APPEAL. ACCORDINGLY, WE PERMIT T HE WITHDRAWAL AND DISMISS THE APPEAL OF ASSESSEE AS WITHDRAWN. 3. IN THE RESULT, APPEAL OF ASSESSEE IS DISMISSED A S WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (WASEEM AHMED) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 17 TH FEBRUARY, 2016 JD. SR. P.S 2 ITA NO.75/KOL/2013 BATA INDIA LTD., AY 2006-07 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT M/S. BATA INDIA LTD., 6A, S. N. BANERJE E ROAD, KOLKATA-700 013. 2. RESPONDENT DCIT, CIRCLE-2, KOLKATA. 3. CIT(A) , KOLKATA 4. CIT , KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .