M/s. H. Sons, Lucknow V. DCIT, Lucknow

ITA 85/LKW/2011

• Counselvise Citation: 8523714 RSA 2011
• Duration Of Justice: 1 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 05-04-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 15-02-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P K B AJAJ
• Assessee Lawyers: K P TANDON

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, B - BENCH, LUCKNOW. BEFORE SHRI H.L.KARWA, HON'BLE VICE PRESIDENT AND SHRI N.K.SAINI, ACCOUNTANT MEMBER I.T.A.NO.85(LKW.)/2011 A.Y.: 2007-08 M/S. H.SONS, VS. THE DY.CIT, RANGE-V, AMINABAD, LUCKNOW. LUCKNOW-226018. PAN AACFH7094P (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K.P.TANDON, ADVOCATE RESPONDENT BY : SHRI P.K.BAJAJ, SR.D.R. O R D E R PER H.L.KARWA, VICE PRESIDENT THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF THE LD.CIT(A)-II, LUCKNOW DATED 23.9.2010 RELATING TO T HE ASSESSMENT YEAR 2007-08. 2. IN THIS APPEAL, THE ASSESSEE HAS RAISED THE FOLL OWING GROUNDS: 1. BASED ON THE FACTS AND CIRCUMSTANCES OF THE CAS E, THE APPELLANT RESPECTFULLY SUBMITS THAT THE LEARNED CIT(A) HAS ER RED IN LAW AND IN FACT, IN NOT ACCEPTING THE APPELLANT'S CONTE NTION THAT THE ADHOC ADDITION OF RS.5,00,000/- MADE ON ACCOUNT OF DECLINE IN THE NET PROFIT RATE BY THE ASSESSING OFFICER WAS NO T JUSTIFIED. 2. BASED ON THE FACTS AND CIRCUMSTANCE OF THE CASE, THE LEARNED CIT(A) WAS NOT JUSTIFIED IN DELETING ONLY RS.4,50,0 00/- OUT OF ADHOC ADDITION OF RS.5,00,000/- AS MENTIONED IN GRO UND NO.1 ABOVE. 3. BASED ON THE FACTS AND CIRCUMSTANCES OF THE CASE , THE APPELLANT RESPECTFULLY SUBMITS THAT THE LEARNED CIT(A) HAS ER RED, IN LAW AND IN FACT IN CONFIRMING THE DISALLOWANCE OF RS.55 ,000/- PAID 2 TO SHRI AJAY KUMAR SHUKLA FOR WRITING BOOKS OF ACCO UNTS U/S 40 (A) (IA) FOR NOT DEDUCTING TAX AS SPECIFIED U/S 194 J OF I.T.ACT, 1961. 4. THAT THE APPELLANT RESPECTFULLY SUBMITS THAT ADD ITIONS SUSTAINED BY THE LEARNED CIT (A) MAY KINDLY BE DELETED. 3. AT THE TIME OF HEARING OF THE APPEAL, SHRI K.P,T ANDON, ADVOCATE, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THE FOLLOWING LE TTER: BEFORE THE HON'BLE MEMBERS, INCOME-TAX APPELLATE T RIBUNAL, LUCKNOW BENCH, LUCKNOW. MAY IT PLEASE YOUR HONOUR, SUBJECT: I.TAX APPEAL NO.85/LKO/2011/ M/S. H.SONS VS. DY.CIT,RANGE , LKO, ASSTT. YEAR 2007-08- IN THE ABOVE CASE, APPEAL WAS FILED. LOOKING TO THE SMALLNESS OF AMOUNTS INVOLVED, THE A PPEAL IS WITHDRAWN. SUBMITTED FOR KIND ORDER. 5.4.2011 SD. K.P.TANDON, ADVOCATE. 4. IN VIEW OF THE ABOVE LETTER, WE GRANT PERMISSION TO ASSESSEE TO WITHDRAW THE APPEAL. 5. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDR AWN. THE ORDER PRONOUNCED IN THE OPEN COURT ON 5.4.201 1. SD. SD. (N.K.SAINI) (H.L.KARWA) ACCOUNTANT MEMBER VICE PRESIDENT APRIL 5TH, 2011. 3 COPY TO THE : 1. APPELLANT 2. RESPONDENT 3. CIT(A) (4) CIT 5.DR. A.R.,ITAT, LUCKNOW. SRIVASTAVA.