Income Tax Appellate Tribunal - Kolkata
M/S Salarpuria Properties Pvt Ltd., ... vs D.C.I.T.,Cc-3(2), Kolkata on 28 November, 2022
आयकर अपील य अ धकरण, कोलकाता पीठ 'ए', कोलकाता
IN THE INCOME TAX APPELLATE TRIBUNAL "A" BENCH KOLKATA
ी संजय गग, या यक सद य एवं ी मनीष बोरड, लेखा सद य के सम
Before Shri Sanjay Garg, Judicial Member and Dr. Manish Borad, Accountant Member
I.T.A No.2502/Kol/2019
Assessment year: 2005-06
M/s Salarpuria Properties Pvt. Ltd..........................................................Appellant
C/o M/s Salarupuria Jajodia & Co., 3rd Floor,
7, Chittaranjan Avenue,
Kolkata-700072.
[PAN: AAGCS8492P]
vs.
DCIT, Circle-1, Kolkata...................................................................Respondent
Appearances by:
Shri S. Jhajaria, AR, appeared on behalf of the appellant.
Shri D.K. Sonawal, CIT-DR, appeared on behalf of the Respondent.
Date of concluding the hearing : November 24, 2022
Date of pronouncing the order : November 28, 2022
आदे श / ORDER
संजय गग, या यक सद य वारा / Per Sanjay Garg, Judicial Member:
The present appeal has been preferred by the assessee against the order dated 21.10.2019 of the Commissioner of Income Tax(Appeals)-6, Kolkata [hereinafter referred to as the 'CIT(A)'] passed u/s 250 of the Income Tax Act (hereinafter referred to as the 'Act').
2. At the outset, the ld. Counsel for the assessee has invited our attention to the impugned order of the CIT(A) to submit that the ld. CIT(A) has dismissed the legal ground taken by the assessee regarding the validity of reassessment order passed u/s 147 of the Act, however, the ld. CIT(A) has given relief to the assessee on merits. The Tribunal vide order dated 29.08.2022, considering the above fact, enquired from M/s Salarpuria Properties Pvt. Ltd I.T.A No.2502/Kol/2019 Assessment year: 2005-06 the ld. DR as to whether the Revenue has filed any appeal contesting the relief granted by the CIT(A) to the assessee. The contents of the order dated 29.08.2022 of this Tribunal, for the sake of ready reference, are reproduced as under:
"The present appeal is directed at the instance of assessee against the order of ld. Commissioner of Income Tax A.Y. 2005-06.
The assessee has challenged reopening of assessment. Its ground regarding reopening has been rejected by the ld. CIT (Appeals) in the impugned order. However, Ld. CIT(Appeals) has allowed the appeal of the assessee on merit. According to the ld. Counsel for the assessee, an addition of Rs.7,23, 97, 500/- was made by the ld. Assessing Officer u/s 69C of the Income Tax Act. The tax effect by virtue of relief given by the ld. CIT(Appeals) is more than monetary limit and, therefore, Revenue must have come up in appeal.
On the other hand, ld. D.R. was unable to lay his hand on the information whether Revenue has filed an appeal or not? He seeks further time for verification of this fact. The appeal is pending in the Tribunal from the last more than three years. It is already on the Board since December, 2021. More than eight months have expired but Department failed to collect the information about the status of its appeal.
In view of the above situation, we grant one more adjournment, which is a last opportunity to the Revenue for ascertaining the status of its appeal, if any, filed before the Tribunal. Hearing is adjourned to 11th October, 2022."
3. Thereafter, the case has been adjourned several times at the request of the ld. DR to furnish information as to whether the Revenue has filed any appeal against the impugned order of the CIT(A). Today i.e. 3rd November 2022, the ld. DR has submitted that though the matter was enquired but there could not be found any record from which it could be gathered that the Revenue has filed any appeal in this case.
4. The ld. AR, at this stage, has submitted that the assessee has filed the present appeal on the legal ground regarding the validity of assessment order passed u/s 147 of the Income Tax Act, whereas on merits, the assessee has already been granted relief by the CIT(A). That since the Revenue has not filed any appeal, therefore, the issue involved 2 M/s Salarpuria Properties Pvt. Ltd I.T.A No.2502/Kol/2019 Assessment year: 2005-06 in this appeal has been rendered academic in nature. He, therefore, by way of separate letter dated 24.11.22 has requested that he may be allowed to withdraw the present appeal with liberty to file cross- objections, if, the Revenue chooses to file any appeal at the later stage. He has further submitted in case it transpires later on that the Revenue has already preferred an appeal against the impugned order of the CIT(A) then leave may be granted to the assessee for restoration of the present appeal.
The ld. DR has not objected to the same.
In view of above submissions, the appeal of the assessee is dismissed as withdrawn being rendered academic in nature, however, with the liberty that if at a later stage it is found that the Revenue's appeal is also pending before this Tribunal against the impugned order of the CIT(A), then the appeal of the assessee will be restored. Further, if the Revenue choose to file any appeal against the impugned order of the CIT(A) at a later stage, then the assessee will be at liberty to file cross-objections to the said appeal on the relevant issues including the issue relating to the validity of the assessment framed u/s 147 of the Income Tax Act. Subject to above observation, the appeal of the assessee is, hereby, dismissed as withdrawn.
5. In the result, the appeal of the assessee is dismissed as withdrawn.
Kolkata, the 28th November, 2022.
Sd/- Sd/- [डॉ टर मनीष बोरड /Dr. Manish Borad] [संजय गग /Sanjay Garg] लेखा सद य /Accountant Member या यक सद य /Judicial Member Dated: 28.11.2022. RS 3 M/s Salarpuria Properties Pvt. Ltd I.T.A No.2502/Kol/2019 Assessment year: 2005-06 Copy of the order forwarded to: 1. M/s Salarpuria Properties Pvt. Ltd 2. DCIT, Circle-1, Kolkata 3. CIT(A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches 4