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TMI Blog2016 (7) TMI 1092X X X X Extracts X X X X X X X X Extracts X X X X ..... or the appellant Mr. Yogesh Putney, Advocate for the respondent ORDER Deepak Sibal, J. Through the instant appeal, invoking Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as the Act), the assessee has knocked the doors of this Court to challenge therein the order dated 24.09.2012 (Annexure A-3) passed by the Income Tax Appellate Tribunal, Chandigarh Bench `A', Chandigarh (hereinafter referred to as the Tribunal). The subject matter of the present appeal pertains to the assessment year 2008-09 and through the same, the assessee seeks to raise the following substantial questions of law :- 1. Whether the ITAT was justified in confirming addition @ 6% on estimation basis without considering t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessment order was challenged by the assessee before the Commissioner, Income Tax (Appeals), Karnal (hereinafter referred to as the Commissioner), before whom the assessee submitted that he had produced on record original purchase vouchers, books of accounts, attendance cards with names of the labourers with their complete addresses, complete details of sundry creditors and the Net Profit Rate applied in the preceding years. On such basis, it was prayed that Net Profit Rate @ 2.5% be applied in his case. However, the Commissioner dismissed the appeal, which gave a cause to the assessee to further take the matter in appeal before the Tribunal. The assessee's case before the Tribunal was that original purchase vouchers, books of ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot been produced before him. After ordering such rejection, Net Profit Rate of 12% was ordered to be applied. The record reveals that 83-90% of the purchase vouchers of various materials were produced by the assessee. Through an application dated 10.12.2010 (Annexure A-4), the assessee claims to have placed on the record of the authorities below the attendance cards with names and addresses of the labourers, complete list of sundry creditors and applied Net Profit Rate for earlier assessment years. The Tribunal acknowledged the availability of purchase vouchers of various materials to the extent of 83-90% but failed to return any finding on the claim of the assessee with regard to having placed on the record the complete list of sundr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has instructions to withdraw the present appeal in view of the circular No. 21/2015, dated 10.12.2015 issued by the C.B.D.T., New Delhi. However, he prayed that liberty be granted to the revenue to file an application for revival of the appeal in case something survives therein. 2. Dismissed as withdrawn with liberty as prayed for. It is, however, clarified that withdrawal of the appeal by the revenue shall not be taken to be affirmation of order of the Tribunal on merits. Further, the legal issue as claimed by the revenue is being left open to be adjudicated in an appropriate case. While referring to the afore-quoted order, learned counsel submitted that since the Revenue's appeal seeking enhancement in the Net Profit Rat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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