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TMI Blog2015 (10) TMI 1621X X X X Extracts X X X X X X X X Extracts X X X X ..... ecided against him. Therefore, under Rule 27, the maximum relief assessee can get is the sustenance of the order of the CIT(A). In view of above, we, relying upon the decision of the Hon’ble jurisdictional High Court in the case of Raajratna Metal Industries Ltd (supra) and considering Rule 27 of the ITAT Rules, uphold the order of the CIT(A) and dismiss the appeal filed by the Revenue. - Decided against revenue. - ITA No. 931/Ahd/2011 - - - Dated:- 19-6-2015 - G. D. Agrawal, VP And S. S. Godara, JM,JJ. For the Appellant : Shri Dinesh Singh, Sr. DR For the Respondent : Shri S N Soparkar, AR ORDER Per G D Agrawal, Vice President This is an appeal filed by the Revenue and is directed against the order of the Ld. Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ] 49 taxmann.com 15 (Gujarat) has held that the reopening of assessment solely on the ground of audit objection is not valid. He, therefore, submitted that once the assessment order itself is not valid, the addition made to the book profit cannot survive. He, therefore, submitted that since the assessee has not filed the appeal or cross-objection against the order of the CIT(A), the assessee cannot claim the quashing of the assessment order, but the only prayer of the assessee is to sustain the order of the CIT(A). 4. The ld. Departmental Representative, on the other hand, relied upon the order of the Assessing Officer and also on the decision of Hon ble Delhi High Court in the case of New Light Trading Co. vs. CIT, 256 ITR 391, wherein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition succeeds on the aforesaid ground alone, i.e. the assessment was reopened solely on the ground of audit objections raised by the audit party. Consequently, the impugned reassessment proceedings are hereby Quashed and set aside. Further, it is made clear that we have expressed no opinion with respect to the grounds of objections raised and the impugned reassessment proceedings are quashed and set aside solely on the aforesaid one ground only. Rule is made absolute. In the facts and circumstances of the case, there shall be no order as to costs. 7. The ld. Departmental Representative, on the other hand, has relied upon the decision of Hon ble Delhi High Court in the case of New Light Trading Co. vs. CIT, 256 ITR 391. However, the ITA ..... X X X X Extracts X X X X X X X X Extracts X X X X
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