Dy. Commissioner of Income-tax, Circle-14(2), Kolkata v. West Bengal Housing Infrastructure Development Corporation Ltd
[Citation -2019-LL-0920-29]

Citation 2019-LL-0920-29
Appellant Name Dy. Commissioner of Income-tax, Circle-14(2), Kolkata
Respondent Name West Bengal Housing Infrastructure Development Corporation Ltd.
Court ITAT-Kolkata
Relevant Act Income-tax
Date of Order 20/09/2019
Assessment Year 2012-13
Judgment View Judgment
Keyword Tags rejection of adjournment application • revisional order
Bot Summary: Date of concluding the hearing September 11th, 2019 Date of pronouncing the order September 20th, 2019 ORDER Per J. Sudhakar Reddy, AM:- This is an appeal filed by the Revenue directed against the order of the Commissioner of Income Tax-5, Kolkata CIT(A) for short dated 21.02.2018 passed u/s 143(3)/263/143(3) of the Income Tax Act, 1961. As this is not a fit case for grant of an adjournment, we reject the same and dispose off the Revenue s appeal ex-parte the Revenue. CIT(A) had observed that the Assessing Officer had passed an order u/s 143(3) of the Act r.w.s. 263 of the Act on 30.08.2017, in compliance with the order of the Pr. CIT, Kolkata passed u/s 263 of the Act. He further observed that, the B Bench, ITAT, Kolkata vide its order dated 14.02.2018 quashed the order passed u/s 263 by Pr. CIT, Kolkata on 2 I.T.A. No. 912/Kol/2018 Assessment Year: 2012-13 M/s. West Bengal Housing Infrastructure Development Corporation 30.03.2017 and consequently the impugned assessment order passed on 30.03.2017 as no legs to stand up. We find no infirmity in the same and hence we dismiss this appeal of the revenue. In the result, the appeal of the Revenue is dismissed.


IN INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH, KOLKATA (Before Sri J. Sudhakar Reddy, Accountant Member & Sri S.S. Godara, Judicial Member) I.T.A. No. 912/Kol/2018 Assessment Year: 2012-13 Dy. Commissioner of Income Tax, Circle-14(2), Kolkata. Appellant Vs. M/s. West Bengal Housing Infrastructure Development Corporation Ltd. Respondent [PAN : AAACW4115F] Appearances by: None, appeared on behalf of Revenue. Shri Saurabh Bagaria, Adv., B.R. Dutta, FCA & Ritesh Goel, Adv., appeared on behalf of Assessee. Date of concluding hearing September 11th, 2019 Date of pronouncing order September 20th, 2019 ORDER Per J. Sudhakar Reddy, AM:- This is appeal filed by Revenue directed against order of Commissioner of Income Tax (Appeals)-5, Kolkata [CIT(A) for short] dated 21.02.2018 passed u/s 143(3)/263/143(3) of Income Tax Act, 1961 ( Act for short). 2. None appeared on behalf of Revenue. 3. There is request for adjournment from Sh. Sankar Kumar Halder, Sr. DR, ITAT, A-Bench, Kolkata. As this is not fit case for grant of adjournment, we reject same and dispose off Revenue s appeal ex-parte Revenue. After hearing ld. Counsel for assessee we find that, ld. CIT(A) had observed that Assessing Officer ( AO for short) had passed order u/s 143(3) of Act r.w.s. 263 of Act on 30.08.2017, in compliance with order of Pr. CIT, Kolkata passed u/s 263 of Act. He further observed that, B Bench, ITAT, Kolkata vide its order dated 14.02.2018 quashed order passed u/s 263 by Pr. CIT, Kolkata on 2 I.T.A. No. 912/Kol/2018 Assessment Year: 2012-13 M/s. West Bengal Housing Infrastructure Development Corporation 30.03.2017 and consequently impugned assessment order passed on 30.03.2017 as no legs to stand up. Thus he quashed assessment order. 4. We find no infirmity in same and hence we dismiss this appeal of revenue. 5. In result, appeal of Revenue is dismissed. Kolkata, 20th September, 2019. Sd/- Sd/- [S.S. Godara] [J. Sudhakar Reddy] Judicial Member Accountant Member Dated 20.09.2019 Bidhan Copy of order forwarded to 1. Dy. Commissioner of Income Tax, Circle-14(2), Kolkata. 2. M/s. West Bengal Housing Infrastructure Development Corporation, Hidco Bhaban, 35-1111, Major Arterial Road, New Town, Kolkata-700 156. 3. CIT(A)- 5, Kolkata. (sent through mail) 4. CIT- 5. CIT(DR), Kolkata Benches, Kolkata. (sent through mail) True copy By order Assistant Registrar ITAT, Kolkata Benches Dy. Commissioner of Income-tax, Circle-14(2), Kolkata v. West Bengal Housing Infrastructure Development Corporation Ltd
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