SREI Equipment Finance Pvt. Ltd.(Formerly known as SREI Infrastructure Development Finance Pvt. Ltd.), Kolkata V. DCIT, Circle-11, Kolkata, Kolkata

MA 67/KOL/2014

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3677 (ITAT-KOLKATA)
• Duration Of Justice: 10 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-11-2015
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 22-12-2014
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA [BEFORE SHRI P. M. JAGTAP, AM & SHRI MAHAVIR SINGH , JM M. A. NO. 67/KOL/2014 IN I.T.A NO. 424/KOL/2011 ASSESSMENT YEAR: 2008-09 SREI EQUIPMENT FINANCE LTD. VS. DEPUTY COMMISSIO NER OF INCOME-TAX (FORMERLY KNOWN AS SREI EQUIPMENT CIRCLE-11, KOLKA TA. FINANCE PVT. LTD.) (PAN:AAKCS3431L) ( APPLICANT ) ( RESPONDENT ) DATE OF HEARING : 20.11.2015 DATE OF PRONOUNCEMENT: 20.11.2015 FOR THE APPLICANT: SHRI AMIT AGARWAL, ACA FOR THE RESPONDENT: SHRI NILOY BARAN SOM, JCIT ORDER PER MAHAVIR SINGH, JM: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS SOUGHT FOR RECALLING OF THE TRIBUNALS ORDER DATED 12.09.2014. 2. AT THE TIME OF HEARING, LD. COUNSEL FOR THE ASSE SSEE FILED A LETTER DATED 20.11.2015 STATING THAT HE WANTS TO WITHDRAW THE MISC. APPLICA TION SINCE HONBLE HIGH COURT VIDE ITS ORDER DATED 08.07.2015 ADMITTED THE APPEAL OF THE A SSESSEE. IN HIS SAID LETTER HE STATES THE FOLLOWING: 1. THIS IS WITH REFERENCE TO THE CAPTIONED MATTER FIXED FOR HEARING TODAY I.E. 19.11.2015. IN THIS REGARD IT IS HUMBLY SUBMITTED T HAT THE MA WAS FILED AGAINST THE ORDER OF ITAT IN APPLICANTS CASE IN ITA NO. 424/KO L/2011. THE APPLICANT HAD SIMULTANEOUSLY FILED AN APPEAL BEFORE THE HONBLE H IGH COURT OF CALCUTTA AGAINST THE SAID ORDER. 2. THE HONBLE HIGH COURT VIDE ITS ORDER DATED 08.0 7.2015 HAS ADMITTED THE APPEAL OF THE APPLICANT. CERTIFIED COPY OF THE ORDER OF HON BLE CALCUTTA HIGH COURT IS ENCLOSED AS ANNEXURE-1. 3. UNDER THE CIRCUMSTANCES, WE ON BEHALF OF THE APP LICANT REQUEST YOU TO TREAT THE APPLICANTS MISCELLANEOUS APPLICATION NO. 67/J/2014 AS WITHDRAWN. WE DEEPLY REGRET FOR THE INCONVENIENCE CAUSED TO YOUR HONOURS. 3. LD. DR HAS RAISED NO OBJECTION TO THIS PRAYER OF ASSESSEE. 4. IN VIEW OF THE ABOVE, AND SINCE LD. DR HAS GOT N O OBJECTION, WE DISMISS THE ASSESSEES MISC. APPLICATION BEING WITHDRAWN. 2 MA NO.67/K/2014, SREI EQUIPMENT FIN. LTD. A. Y 2008-09 5. IN THE RESULT, MISC. APPLICATION OF ASSESSEE IS DISMISSED BEING WITHDRAWN. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (P. M. JAGTAP) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 20TH NOVEMBER, 2015 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1 . APPLICANT : SREI EQUIPMENT FINANCE LTD. (FORMERLY K NOWN AS SREI EQUIPMENT FINANCE PVT. LTD., KOLKATA), 86C, TOPSIA ROAD (SOUTH), VISHWAKARMA, KOLKATA-700046. 2 RESPONDENT D CIT, CIR-11, KOLKATA. 3 . THE CIT(A) , KOLKATA 4. ACIT, KOLKATA 5 . DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASSTT. REGISTRAR .