Vikas Traders, Sitapur V. Joint Commissioner of Income Tax, Sitapur

ITA 618/LKW/2014

• Counselvise Citation: 61823714 RSA 2014
• Duration Of Justice: 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-07-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 16-06-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 28-07-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.618/LKW/2014 ASSESSMENT YEAR:2009 - 2010 JT.C.I.T., SITAPUR. VS M/S VIKAS TRADERS, C/O AYYUBIS CHAMBER, NEAR SITAPUR EYE HOSPITAL, SITAPUR. PAN:AADFV3386M (RESPONDENT) (APPELLANT) SHRI K. R. RASTOGI, F.C.A. APPELLANT BY SHRI AMIT NIGAM, D. R. RESPONDENT BY 16/06/2015 DATE OF HEARING 21 /07/2015 DATE OF PRONOUNCEMENT O R D E R PER A. K. GARODIA, A.M. THIS IS ASSESSEES APPEAL DIRECTED AGAINST THE ORDER PASSED BY LEARNED CIT(A), BAREILLY DATED 19/05/2014 FOR THE ASSESSMENT YEAR 2009 - 2010. 2. THE GROUNDS RAISED BY THE ASSESSEE ARE AS UNDER: THAT THE LEARNED COURTS BELOW ARE NOT JUSTIFIED IN DISALLOWING RS.95,000/ - OUT OF PURCHASE EXPENSES. THAT THE LEARNED COURTS BELOW ARE NOT JUSTIFIED IN DISALLOWING RS.45,000/ - OUT OF TRUCK RUNNING EXPENSES. THAT THE LEARNED COURTS BELOW ARE NOT JUSTIFIED IN DISALLOWING RS.40,00 0/ - OUT OF OFFICE AND GENERAL EXPENSES. THAT THE LEARNED COURTS BELOW ARE NOT JUSTIFIED IN NOT ALLOWING PROPORTIONATE SALARY TO PARTNER ON THE ADDITIONS MADE AS SALARY WAS BASED ON INCOME. 2 THAT THE ORDER PASSED BY THE JOINT COMMISSIONER OF INCOME TAX IS BAD IN LAW. THAT THE FINDINGS OF THE LEARNED COURTS BELOW ARE CONTRARY TO LAW AND FACTS OF THE CASE. 3. AT THE TIME OF HEARING OF THIS APPEAL, IT WAS SUBMITTED BY LEARNED A.R. OF THE ASSESSEE BEFORE US THAT THE ASSESSEE INTENDS TO WITHDRAW THIS APPEAL. LEARNED D.R. OF THE REVENUE HA D NO OBJECTION AND HENCE, WE PERMIT THE WITHDRAWAL OF THE APPEAL AND THEREFORE, NO ADJUDICATION IS CALLED FOR. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS DISMISSED AS WITHDRAWN. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) ( A. K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 21 /07/2015 *C.L.SINGH COPY OF THE ORDER FORWARDED TO : 1.THE APPELLANT 2.THE RESPONDENT. 3.CONCERNED CIT 4.THE CIT(A) 5.D.R., I.T.A.T., LUCKNOW ASSTT. REGISTRAR