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
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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
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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
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