SHRI JIGNESH KUMAR SHAH,BILASPUR(CG) vs. ACIT, CIRCLE- 1(1), BILASPUR(CG)

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ITA 156/BIL/2013Status: DisposedITAT Raipur11 January 2018AY 2009-102 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the Revenue had no objection to the withdrawal of the appeal. Consequently, the appeal filed by the Revenue was dismissed as withdrawn.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for the assessment year 2009-2010. The assessee's authorized representative sought to withdraw the appeal during the hearing.

What were the issues?

The appeal concerned additions made by the AO and confirmed by the CIT(A) regarding agricultural land, advertisement expenditure, and miscellaneous business expenses. The primary issue became the withdrawal of the appeal by the Revenue.

Which sections of the Income-tax Act were involved?

Section 54B,Section 40A(ia)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAIPUR BENCH,

For Appellant: Shri Amit Maloo Jain, AR
For Respondent: Shri Sanjay Kumar, DR
Hearing: 10/01/2018Pronounced: 11/01/2018

Per Shri N.S.Saini, AM: This is an appeal filed by the Revenue against the order of the CIT(A), Bilaspur, dated 26.07.2013 for the assessment year 2009-2010. 2. The assessee has raised the following grounds of appeal :-

1.

On the facts & in the circumstances of the case, the Ld.A.O.grossly erred in making an addition of Rs.43,30,500/- in respect of Agricultural Land U/s 54B of The Income Tax Act,1961 and Ld.CIT[A],Bilaspur grossly erred in confirming the same without appreciating the facts in its right perspective. Your petitioner submits that same may kindly be deleted.

2.

On the facts & in the circumstances of the case, the Ld.A.O.further grossly erred in making an addition of Rs.5,24,200/- in respect of expenditure U/s 40a(ia) on account of Advertisment and Ld.CIT[A],Bilaspur grossly erred in confirming the same to the extent of Rs.4,76,700/- without appreciating the facts in its right perspective. Your petitioner submits that same may kindly be deleted.

3.

On the facts & in the circumstances of the case, the Ld.A.O.further grossly erred in making an addition of Rs.50,000/- in respect of Misc Business Exps (like Shop Exps,Printing & Stationery etc) and Ld.CIT[A], Bilaspur grossly erred in confirming the same to the extent of Rs.10,000/- without appreciating the facts in its right

2 perspective. Your petitioner submits that the above expenditure being genuine and incidental to the business deserves to be allowed.

4.

Any other ground may be raised during the course of hearing of appeal with the permission of the Hon'ble Bench.

3.

At the time of hearing the AR of the assessee filed an application seeking withdrawal of the appeal.

4.

The DR had no objection to the withdrawal of the appeal of the assessee.

5.

Therefore, the appeal of the assessee is dismissed as withdrawn.

6.

In the result, appeal filed by the assessee is dismissed. Order pronounced in the open court on this 11/01/2018. (PAVAN KUMAR GADALE) (N. S. SAINI) न्याययक सदस्य / JUDICIAL MEMBER ऱेखा सदस्य / ACCOUNTANT MEMBER Raipur; ददन ांक Dated 11/01/2018 प्र.कु.मि/PKM, Senior Private Secretary आदेश की प्रयिलऱपि अग्रेपिि/Copy of the Order forwarded to : अऩीऱ थी / The Appellant- 1. प्रत्यथी / The Respondent- 2. आयकर आयुक्त(अऩीऱ) / The CIT(A), 3. आयकर आयुक्त / CIT 4. विभ गीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, Raipur / DR, ITAT, Raipur 5. आदेशानुसार/ BY ORDER, ग र्ड प ईऱ / Guard file. 6. सत्य वऩत प्रतत //// (Senior Private Secretary) Income Tax Appellate Tribunal, Raipur

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