Principal Commissioner Of Income Tax 4 v. Vimalachal Print And Pack Pvt Ltd

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL No. 543 of 2018 ==============================================================PRINCIPAL COMMISSIONER OF INCOME TAX 4VersusVIMALACHAL PRINT AND PACK PVT LTD ============================================================== Appearance :Mrs MAUNA M BHATT, Advocate for the PETITIONER for the RESPONDENT ============================================================== CORAM: HONOURABLE Mr. JUSTICE AKIL KURESHIandHONOURABLE Mr. JUSTICE B.N. KARIA12[th] June 2018 ORAL ORDER (PER : HONOURABLE Mr. JUSTICE AKIL KURESHI) Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal, Ahmedabad [“Tribunal” for short] dated 22[nd ]November 2017 raising the following question for our consideration : “Whether the Appellate Tribunal has erred in law and on facts in setting aside the issue of addition under Section 41[1] to the file of the Assessing Officer ?” Having perused the order on record with the assistance of learned counsel for the Revenue, we notice that quite apart from the very small amount being involved in this appeal, the Tribunal merely remanded the proceedings for fresh verification by the Assessing Officer. In the context of cessation of liability under Section 41[1] of the Income Tax Act, 1961, the contention of the assessee was that the liability concerning four different parties was actually written off in the later years and the amount was offered to tax. It was for the purpose of verifying the same, as such the Tribunal placed the issue back before the Assessing Officer There is no reason to interfere with. Tax Appeal is dismissed. Prakash [Akil Kureshi, J.][B.N Karia, J.]