KONNAGAR SAMABAYA BANK LTD.,KONNAGAR, HOOGHLY V. A.C.I.T., CIRCLE - 23(1), HOOGHLY

ITA 32/KOL/2025

AI Insights

Konnagar Samabaya Bank Limited filed an appeal against an order from the National Faceless Appeal Centre, Delhi, concerning the Assessment Year 2017-18. The appeal was initially time-barred by 38 days, but the delay was condoned based on an affidavit submitted. However, the appellant, upon realizing an error in the appeal process—having appealed against an order under Section 154 instead of the original assessment order under Section 143(3)—requested to withdraw the appeal. The tribunal, noting the request and the absence of opposition from the revenue, dismissed the appeal as withdrawn, allowing the appellant to seek redress at the appropriate forum.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 653124 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-06-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2017-2018
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Assessee Lawyers: MIRAJ D SHAH
• Keywords: Condonation of delay
• Section: 143(3); 154

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA BEFORE SHRI GEORGE MATHAN, JM AND SHRI RAKESH MISHRA, AM ITA No. 32/KOL/2025 (Assessment Year: 2017-18) Konnagar Samabaya bank Limited 66G T Road, West Konnagar, Serampore, Konnagar, Hooghly- 712235, West Bengal Vs. ACIT, Circle 23(1), Hooghly Roopma Mahal, Khadina More, Station Road, Chinsurah, West Bengal -712101 (Appellant) (Respondent) PAN No. AAAAK3850F Assessee by : Shri Miraj D Shah, AR Revenue by : Shri Ranu Biswas, DR Date of hearing: 18.06.2025 Date of pronouncement: 18.06.2025 O R D E R PER GEORGE MATHAN, JM: This is an appeal filed by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] in appeal no. ITBA/NFAC/S/25-/2024-25/1069234586(1) dated 28.09.2024 for the AY 2017-18. 02. Shri Miraj D Shah, AR represented on behalf of the assessee and Shri Ranu Biswas, DR represented on behalf of the revenue 03. This appeal of assessee is time barred by 38 days and an affidavit for condonation of delay petition has been placed on file. Considering the averments made in the said affidavit, we condone the delay and admit the appeal for hearing. 04. At the outset, Ld. Counsel for the assessee has filed a letter and requested to withdraw the instant appeal which reads under: - Page | 2 ITA No. 32/KOL/2025 Konnagar Samabaya bank Limited; A.Y. 2017-18 “KONNAGAR SAMABAYA BANK LIMITED 66 GT ROAD WEST KONNAGAR, SERAMPUR KONNAGAR, HOOGHLY 712235 To, The Hon'ble \"B\" Bench, Income Tax Appellate Tribunal Kolkata PAN: AAAAK3850F AY: 2017-2018 Ref: ITA.No.32/Kol/2025 Respected Sir, 1) This appeal arises from the order passed under Section 154 of the Income Tax Act, 1961. 2) The assessee, due to an incorrect understanding of the provisions of the Act. inadvertently filed an appeal against the order passed under Section 154 of the Income Tax Act, 1961, instead of challenging the original assessment order passed under Section 143(3) of the Act. 3) Since 2019, the assessee has, under a bona fide belief, continued to pursue the appeal against the Section 154 order. 4) It was only when the matter was recently assigned to a new counsel for further proceedings that the error in the course of appeal was noticed. 5) The assessee has now been advised to file an appeal against the order passed under Section 143(3) of the Act before the Learned CIT (Appeals), along with an appropriate petition for condonation of delay. 6) In light of the above, it is respectfully submitted that the present appeal may be permitted to be withdrawn or treated appropriately in the interest of justice, without prejudice to the assessee's rights. For KONNAGAR SAMABAYA BANK LIMITED MADHU SUDAN DAS Digitally signed by MADHU SUDAN DAS Date: 2025.06.16 14:19:54+05'30' Secretary” 05. The ld. DR did not oppose for the same. 06. We therefore, dismiss the appeal as withdrawn with a liberty to approach the appropriate forum in accordance with law. Page | 3 ITA No. 32/KOL/2025 Konnagar Samabaya bank Limited; A.Y. 2017-18 07. In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 18.06.2025. Sd/- Sd/- (RAKESH MISHRA) (GEORGE MATHAN) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) Kolkata, Dated: 18.06.2025 Sudip Sarkar, Sr.PS Copy of the Order forwarded to: 1. The Appellant 2. The Respondent 3. CIT 4. DR, ITAT, 5. Guard file. BY ORDER, True Copy// Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Kolkata "