Sh. Anil Kumar S/o Sh. Jai Kishan Dass, Khanna V. Addl. CIT, Khanna

ITA 123/CHANDI/2008

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 57590 (ITAT-CHANDIGARH)
• Duration Of Justice: 3 year(s) 10 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2012
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 11-01-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 15-02-2008
• Court: TRIBUNAL
• Department Lawyers: S K MITTAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH B, CHANDIGARH BEFORE MS. SUSHMA CHOWLA, JUDICIAL MEMBER AND SHRI MEHAR SINGH, ACCOUNTANT MEMBER ITA NO.123/CHD/2008 (ASSESSMENT YEAR : 2005-06) ANIL KUMAR S/O SH.JAI KISHAN DASS, VS. THE ADDL.C IT, PROP.M/S VIVEK STEEL INDUSTRIES,, KHANNA RANGE, KHANNA. KHANNA. PAN: AFVPK4646N (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI S.K.MITTAL, D.R. DATE OF HEARING : 11.01.2012 DATE OF PRONOUNCEMENT : 13.01.2012 O R D E R PER SUSHMA CHOWLA, J.M, : THE APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORD ER OF THE COMMISSIONER OF INCOME-TAX-II, LUDHIANA DATED 11.12 .2007 RELATING TO ASSESSMENT YEAR 2005-06 AGAINST THE ORDER PASSED UN DER SECTION 143(3) OF THE INCOME TAX ACT, 1961. 2. THE ASSESSEE HAD MOVED AN APPLICATION DATED 4.1. 2012 FOR WITHDRAWAL OF THE APPEAL. THE REVENUE HAS NO OBJEC TION TO THE SAID WITHDRAWAL OF APPEAL. IN VIEW THEREOF, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH DAY OF JANUARY, 2012. SD/- SD/- (MEHAR SINGH) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 13 TH JANUARY, 2011 RATI COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT(A)/TH E CIT/THE DR. TRUE COPY BY ORDER ASSISTANT REGISTRAR, ITAT, CHANDIGARH 2 3 1. THAT THE WORTHY COMMISSIONER OF INCOME TAX (APPEALS), LUDHIANA HAS ERRED IN REJECTING THE BOOK S OF ACCOUNTS U/S 145(3) OF THE INCOME TAX ACT AND THEREBY APPLYING THE GROSS PROFIT RATE OF 17% INSTEAD OF 12.38% DISCLOSED BY THE ASSESSEE.