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M/s Associated Printers,Chandigarh Vs The ITO, Ward-2(1),Chandigarh
July, 11th 2012
              IN THE INCOME TAX APPELLATE TRIBUNAL
              CHANDIGARH BENCHES `SMC' CHANDIGARH


           BEFORE SHRI H.L.KARWA, HON'BLE VICE PRESIDENT


                             ITA No. 619/Chd/2012
                            Assessment Year: 2007-08


M/s Associated Printers,       Vs           The ITO, Ward-2(1),
Chandigarh                                  Chandigarh


PAN No. AAGFA1794F

(Appellant)                                       (Respondent)


                    Appellant By     : S/Shri S.K. Mukhi & Shaman Jain
                    Respondent By    : Shri N.K. Saini


                    Date of hearing       : 09.07.2012
                    Date of Pronouncement : 09.07.2012





                                    ORDER


PER H.L.KARWA, VP


      This appeal filed by the assessee is directed against the order of

CIT(A), Chandigarh dated 1.3.2012 relating to assessment year 2007-08.



2.    In this appeal, the assessee has taken the following grounds:-


      1.      That the Ld. CIT (A) is not justified in considering the
              consolidated appeal filed against the order u/s 143(3) &
              154 of the Income Tax Act, 1961 as appeal against the
              order u/s 154 only.

      2.      That the Ld. CIT (A) is not justified in holding the
                                                                              2


            consolidated appeal filed against the order u/s 143(3) &
            154 of the Income Tax Act, 1961 as appeal against the
            order u/s 154 only and further holding the appeal u/s
            143(3) being beyond limitation period.

      3.    That the Ld. CIT (A) is not justified in holding the
            consolidated appeal filed against the order u/s 143(3) &
            154 of the Income Tax Act, 1961 as appeal against the
            order u/s 154 only and thereby not disposing off ground of
            appeal No. 2 being the grievance of the appellant against
            the disallowance of the bad debts of Rs 1,21,683/- which is
            bad in law, perverse and illegal.


      4.    That the Ld. CIT (A) is not justified in holding the
            consolidated appeal filed against the order u/s 143(3) &
            154 of the Income Tax Act, 1961 as appeal against the
            order u/s 154 only and thereby not disposing off ground of
            appeal No.2 being the grievance of the appellant against
            the disallowance of the bad debts of Rs 1,21,683/- which is
            bad in law, perverse and illegal and being mistake on the
            part of the Counsel since consolidated appeal having filed
            on his advice though under his bonafide belief that the
            scrutiny assessment order u/s143(3) mer ges with order u/s
            154 of the Income Tax Act, 1961. Thus needs intervention of
            this Hon'ble Bench.

      5.    That without prejudice to above the appellant dis putes the
            very findings of the Id. CIT (A) without appreciating
            the facts   and circumstances,   evidences    on    record
            which is also against the principles of Natural Justice.

      6.    That the appellant craves leave to add, amend and delete
            any of the grounds of appeal on or before the disposal of
            the present appeal.


3.    S/Shri S.K. Mukhi and Shaman Jain,          Ld. Counsels for the assessee

vide their application dated 9.7.2012 stated as under:-


                   "Before the Hon'ble ITAT (SMC), CHD

                               In the matter of

            M/s Associated Printers         Vs      ITO, Ward-2(1),
            Chandigarh                              Chandigarh

            Appeal No. 619/Chandi/2012
                                                                             3






                            Sub:- Withdrawal of appeal.

            Respected Sir,


            I herewith withdraw the above said appeal with a liberty
            to file a independent appeal against the orders u/s 143(3)
            which could not be earlier filed on the advice of the then
            counsel (the unders igned) under a bonafide belief that
            since the alternative remedy in the form of application u/s
            154 was pursued.

                        Sd/-
            (Shaman Jain)/ S.K. Mukhi
            Counsel for the appellant
            9/7/2012"


4.    After hearing the Ld. Representatives of both the parties, I grant the

permiss ion to asses see to withdraw the appeal.       Thus, the appeal stands

dismissed as `withdrawn'.


5.    In the result, the appeal is dismissed.


      Order Pronounced in the Open Court on this 9th day of July, 2012



                                                          Sd/-
                                                       (H.L.KARWA)
                                                     VI CE PRESIDENT
Dated : 9 t h July, 2012
Rkk
Copy to:
  1.       The Appellant
  2.       The Respondent
  3.       The CIT
  4.       The CIT(A)
  5.       The DR
                            True Copy
                                                    By Order

                                                Assistant Registrar
4
 
 
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