ITA NO. 1421/DEL/13 (A.Y 2009-10) 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SHRI G. D. AGRAWAL, VICE PRESIDENT AND SHRI CHANDRA MOHAN GARD, JUDICIAL MEMBER I.T.A .NO. 1421 /DEL/2013 (ASSESSMENT YEAR: 2009-10) ACTIVE PRINT PACK PVT. LTD. 23/05, SHAKTI NAGAR, NEW DELHI PAN- AABCT5077A (APPELLANT) VS DCIT CENT. CIRCLE-5 NEW DELHI (RESPONDENT) APPELLANT BY SH.SANJEEV KUMAR BINDAL, CA RESPONDENT BY SH. Y. KAKKAR, DR ORDER PER CHANDRA MOHAN GARG, JM THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGA INST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-XXX1, NEW DELH I, IN APPEAL NO. 283/10-11 FOR THE ASSESSMENT YEAR 2009-10 VIDE ORDE R DATED 28/01/2013. 2. ALTHOUGH THE REVENUE HAS FILED AN APPLICATION FO R ADJOURNMENT ON THE GROUND THAT THE CIT(DR) IS TRANSFERRED BUT LD. ASSE SSEES REPRESENTATIVE (AR) SUBMITTED THAT THE ASSESSEE DONT WANT TO PRESS ITS APPEAL. THE AR FURTHER SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY KINDL Y BE DISMISSED TREATED AS NOT PRESSED BUT THE ASSESSING OFFICER MAY BE DIRECTED T O COMPUTE WRITTEN DOWN VALUE OF THE ASSET AS PER PROVISIONS OF THE ACT WHICH MAK E IT CLEAR THAT THE WRITTEN DOWN VALUE SHALL BE COMPUTED ON THE BASIS OF WELL ACCEPT ED FORMULA I.E COST OF ASSET MINUS DEPRECIATION ACTUALLY ALLOWED. THE LD. DR AP PEARING FOR THE REVENUE ITA NO. 1421/DEL/13 (A.Y 2009-10) 2 SUBMITTED THAT IF THE ASSESSEE/APPELLANT DOES NOT W ISH TO PRESS ITS APPEAL THEN THE REVENUE HAS NO OBJECTION IN DECIDING THE CASE AS PE R PROVISIONS OF THE ACT. HENCE, ADJOURNMENT APPLICATION OF THE REVENUE IS REJECTED AND WE FIND IT APPROPRIATE TO DISPOSE OF THE CASE AS PER REQUEST OF BOTH THE PART IES. 3. AT THE OUTSET, THE APPEAL OF THE ASSESSEE IS DIS MISSED AS NOT PRESSED. FURTHER, THE ASSESSING OFFICER IS DIRECTED TO CALCU LATE WRITTEN DOWN VALUE OF THE ASSET AS PER ABOVE PRINCIPALS AND PROVISIONS OF THE ACT. IN THE RESULT APPEAL OF THE ASSESSEE IS DISMISSED AS NOT PRESSED AND ASSESSING OFFICER IS DIRECTED TO CALCULATE WRITTEN DOWN VALUE OF THE ASSET AS PER AFOREMENTION ED PRINCIPAL AND PROVISIONS OF THE ACT. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 17 TH JANUARY 2014. SD/- SD/- (G. D. AGRAWAL) (C . M. GARG) VICE PRESIDENT JUDICIAL MEMBER DATED: 17/01/2014 *R. NAHEED* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI