M/s Rachit Prints P. Ltd., Meerut V. CIT, Meerut

ITA 3446/DEL/2013

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 2413 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 9 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 29-06-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 30-05-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SULEKHA VERMA
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES F : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI N.S. SAINI, ACCOUNTANT MEMBER ITA.NO.3446/DEL./2013 ASSESSMENT YEAR 2008-2009 M/S. RACHIT PRINTS P. LTD., B-9, 10 & 11, UDYOG PURAM, DELHI ROAD, MEERUT. PAN AACCR4923R VS THE COMMISSIONER OF INCOME TAX, MEERUT. (APPELLANT (RESPONDENT) FOR ASSESSEE : SHRI M.P. RASTOGI, ADVOCATE FOR REVENUE : SMT. SULEKHA VERMA, CIT - D.R. DATE OF HEARING : 12.03.2019 DATE OF PRONOUNCEMENT : 12.03.2019 ORDER PER BHAVNESH SAINI, J.M. THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT, MEERUT, DATED 18.03.2013, UNDER SECTION 263 OF THE I.T. ACT, 1961, FOR THE A.Y. 2008-2009. 2. IN THIS CASE, THE LD. CIT ISSUED NOTICE UNDER SECTION 263 OF THE I.T. ACT POINTING-OUT THAT THE A.O. HAS NOT MADE ENQUIRIES/INVESTIGATION WITH REGARD TO FALL IN N.P. RATE, SUNDRY CREDITORS AND SALE PROMOTION EXPENSES. THE ASSESSMENT ORDER WAS, THEREFORE, SET ASIDE AND RESTORE TO THE FILE OF A.O. FOR PASSING OF THE ORDER AFRESH. 2 ITA.NO.3446/DEL./2013 M/S. RACHIT PRINTS P. LTD., MEERUT. 3. LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT A.O. PASSED THE FRESH ASSESSMENT ORDER UNDER SECTION 263/143(3) DATED 13.03.2014 WHEREBY HE HAS MADE ONLY TWO ADDITIONS I.E., N.P. RATE AND SUNDRY CREDITORS. HE HAS FURTHER SUBMITTED THAT LD. CIT(A) VIDE ORDER DATED 28.01.2016 DELETED THE ADDITION ON ACCOUNT OF SUNDRY CREDITORS AND ON ACCOUNT OF FALL IN N.P. RATE DIRECTED TO APPLY PROFIT RATE OF 1.5%, WHICH THE ASSESSEE HAS AGREED BEFORE A.O. LEARNED COUNSEL FOR THE ASSESSEE, THEREFORE, SUBMITTED THAT ASSESSEE MAY BE PERMITTED TO WITHDRAW THE APPEAL. AN ENDORSEMENT TO THAT EFFECT IS MADE ON FORM 36. THE LD. D.R. HAS NO OBJECTION IF APPEAL IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF ASSESSEE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (N.S. SAINI) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 12 TH MARCH, 2019. VBP/- 3 ITA.NO.3446/DEL./2013 M/S. RACHIT PRINTS P. LTD., MEERUT. COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT F BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.