JUDGMENT :

HON’BLE MR. JUSTICE DEEPAK ROSHAN

Heard learned counsel for the parties.

2. The instant appeal is directed against the order dated 20.02.2019 passed by the Income Tax Appellate Tribunal, Ranchi Bench, Ranchi (hereinafter to be referred as the Tribunal) in ITA No. 138/ Ran 2018 for the period AY 2013-14; whereby the learned tribunal has allowed the appeal of the Assessee and set aside the order of learned Commissioner dated 22.03.2018 passed under Section 263 (1) of the Income Tax Act, 1961 (hereinafter to be referred as the Act).

3. The brief fact of the case is that the respondent Assessee is the sole proprietor of M/s RK Trader who filed her return of income for in the AY 2013-14 showing a total income of Rs. 10,36,390/-. Subsequently, the case of the respondent was selected for scrutiny and accordingly notice under Section 143 (2) and 143 (1) of the Act was issued on 03.09.2014 and 08.05.2015, respectively and an order dated 03.12.2015 was passed by the assessing officer assessing total income at Rs.11,56,390/- against the return income of Rs.10,36,390/-. Subsequently