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Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: SRI MAHAVIR SINGH
Aayakr ApIla saM./ (inaQa-arNa baYa- / Assessment Year 2009-10) Mr. Vasaram Prajapati The Income Tax Officer, 47/09, 1st Floor, 12 Ward 19(3)-5 4 th Room No. 210, 2 nd Floor, Dwarkapuri, Bldg, Vs. Kumbharwada, Mumbai, Matru Mandir, Tardeo Road, Mumbai-400 004 Mumbai-400 007 .. (p`%yaqaaI- / Respondent) (ApIlaaqaI- / Appellant) स्थायी लेखा िं./PAN No. AAJPP6158R अपीलाथी की ओर े / Appellant by : None प्रत्यथी की ओर े / Respondent by : Shri Satischandra Rajore, DR ुनवाई की तारीख / Date of hearing: 04.02.2019 घोषणा की तारीख / Date of pronouncement : 04.02.2019 AadoSa / O R D E R महावीर स िंह, न्याययक दस्य/ PER MAHAVIR SINGH, JM:
This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-51, Mumbai [in short CIT(A)], in appeal No. CIT(A)-51/IT-72/19(3)(5)/17-18 vide dated 23.02.2018. The Assessment was framed by the Income Tax Officer, Ward-19(3)(5) Mumbai (in short ‘ITO/ AO’) for the A.Y. 2009-10 vide dated 26.02.2015 under section 143(3) read with section 147 of the Income Tax Act, 1961 (hereinafter ‘the Act’).
2 2. The only issue in this appeal of assessee is against the order of CIT(A) directing the AO in restrict the addition made by AO being estimating profit percentage at the rate of 7.05 % on bogus purchases. For this assessee has raised the following ground: - “1. On the facts and circumstances of the case and in law, the learned CIT(A) erred in ascertaining 7.05% gross profit (12.5% gross profit on alleged purchase minus 4.47% gross profit already shown) on alleged purchase of 1,20,80,977/- to the total income under the Income Tax Act 1961, without considering the facts of the case.”
The learned counsel for the assessee moved an application dated 02.02.2019 and seeking withdrawal of this appeal which read as under: - “I hereby withdraw the appeal filed before your honor for the AY 2009-10 having .”
3. As per the above, assessee seeks withdrawal of this appeal and the Departmental Representative has no objection for the same. Hence, this appeal of assessee is dismissed as withdrawn.
In the result, the appeal of assessee is dismissed.
Order pronounced in the open court on 04.02.2019. AadoSa kI GaaoYaNaa Kulao mao idnaMk 04.02.2019 kao kI ga[- . (महावीर स िंह /MAHAVIR SINGH) (न्याययक दस्य/ JUDICIAL MEMBER) मुिंबई, ददनािंक/ Mumbai, Dated: 04.02.2019. सुदीप सरकार, व.निजी सचिव / Sudip Sarkar, Sr.PS