M/S. VIVEK PRINTS,AMRITSAR vs. INCOME TAX OFFICER, AMRITSAR

At the outset, the Ld. council for the assessee vide appellant’s application dated 17.08.2023 submitted that the Civil Court has not yet given any decision regarding shame/ fraudulent transactions disputed by the AO and the CIT(A) and the next date of hearing is fixed in the civil court on 03.11.2023. He pleaded that the appeal proceedings in the present appeal may be abated with the right to the assessee to revive the appeal on the decision from the civil court regarding the shame/fraudulent transactions to enable it to justify it claim before the Tribunal.

Per Contra, the learned additional CIT (DR) has no objection to the request of the council of the assessee.

Having heard both the sides, perusal of record and impugned orders it is admitted fact on record that the issue raised in grounds before us are sub judice before the Civil Court where it has not yet given any decision regarding shame/ fraudulent transactions pertaining to the disputed additions made by the AO and confirmed by the CIT(A).In view of that matter, we accept the grievance of the appellant genuine, and accordingly, the appeal proceedings in the present appeal is abated with the right to the assessee to revive the appeal on the decision from the civil court regarding the shame/fraudulent transactions. Accordingly, this appeal is abated.

In the backdrop of the above discussion, the subject appeal is disposed of in the terms indicated above.