A R FOODS PRIVATE LIMITED,BHIWADI V. DCIT CENTRAL CIRCLE, ALWAR

ITA 852/JPR/2024

AI Insights

The case involves A R Foods Private Ltd., which appealed against the order of the CIT(A) concerning the assessment order for the Assessment Year 2017-18. The Assessing Officer had added unexplained amounts to the company's income, which the CIT(A) partly upheld. The appellant, seeking to resolve the dispute under the Vivad Se Vishwas Scheme, 2024, filed an application to withdraw the appeal, which the tribunal allowed, providing the option to revive the appeal if necessary.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 472772 (ITAT-JAIPUR)
• Duration Of Justice: 5 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 16-10-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 07-06-2024
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GAUTAM SINGH CHOUDHARY
• Assessee Lawyers: DINESH KUMAR
• Section: 69A

Judgement Text

" vk;dj vihyh; vf/kdj.k] t;iqj U;k;ihB] t;iqj IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”SMC” JAIPUR Jh jkBkSM+ deys'k t;UrHkkbZ] ys[kk lnL; ,o Jh ujsUnz dqekj] U;kf;d lnL; ds le{k BEFORE: SHRI RATHOD KAMLESH JAYANTBHAI, AM & SHRI NARINDER KUMAR, JM vk;dj vihy la-@ITA No. 852/JP/2024 fu/kZkj.k o\"kZ@Assessment Year : 2017-18 A R Foods Private Limited, H-884, Phase-III, Industrial Area, Bhiwadi cuke Vs. DCIT, Central Circle, Alwar LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAFCA 1391 L vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Dinesh Kumar, Adv. jktLo dh vksj ls@ Revenue by : Sh. Gautam Singh Choudhary (JCIT) lquokbZ dh rkjh[k@ Date of Hearing : 28/11/2024 mn?kks\"k.kk dh rkjh[k@Date of Pronouncement: 28/11/2024 vkns'k@ ORDER PER: Narinder Kumar, Judicial Member Present appeal came to be presented on 07.06.2024 challenging the order dated 10th April, 2024 passed by learned CIT(A), as regards the assessment order relating to the Assessment Year 2017-18. 2. Vide assessment order dated 31.12.2019, the Assessing Officer assessed total income of the assessee-appellant company at Rs. 46,95,590/- for the said assessment order 2017-18, by making two 2 ITA No. 852/JP/2024 AR Foods Pvt. Ltd. vs DCIT additions u/s 69A i.e. of Rs. 42,75,500/- and Rs. 2,00,000/-, as the assessee was found to have not explained said amounts. 3. Feelings aggrieved by the assessment order, the assessee challenged the same by way of an appeal learned CIT(A). Vide impugned order, Learned CIT(A) partly allowed the appeal by upholding the assessment order, as regards the first mentioned addition, only to the extent of Rs. 17,75,500/-, and sustaining the 2nd addition of Rs. 2,00,000/-, amount having been found to be unaccounted and source of said payments also having remained unexplained. 4. Feeling aggrieved by the impugned order, the assessee is before this Appellate Tribunal. 5. When the appeal is pending for hearing, an application has been filed on behalf of the appellant, through Counsel Sh. Dinesh Kumar, Advocate. Application came to be presented before the Registry on 27.11.2024 with the prayer for withdrawal of this appeal with the liberty to get the same revived in case the appellant does not find favour under Vivad Se Vishwas Scheme, 2024. 3 ITA No. 852/JP/2024 AR Foods Pvt. Ltd. vs DCIT 6. In the application, it has been alleged that requisite application having been filed by the appellant in Form-01 under the Vivid Se Vishwas Scheme, 2024, the appellant has received certificate dated 14.11.2024 in Form No. 2, u/s 92(1) of the said scheme from the Designated Authority . 7. Learned Counsel for the appellant has submitted that in order to avail of benefit of said Scheme, appellant is required to withdraw this appeal, as required u/s 91(3) of the said scheme, and as such, the appellant be permitted to withdraw the appeal. 8. Learned DR has no objection to the allowing of the prayer of the appellant for withdrawal of the appeal while granting liberty for its revival as per law. 9. For the reasons given in the application and in view of the submissions put forth, since withdrawal of the appeal is stated to be one of the essential requirements to avail of the benefit of said Scheme of 2024, in the interest of justice, this appeal is hereby dismissed as having been withdrawn. However, it is made clear that in case no settlement is arrived at under the Scheme, 2024, appellant shall be at liberty to get this appeal revived, on filing of application, in accordance with law. 4 ITA No. 852/JP/2024 AR Foods Pvt. Ltd. vs DCIT File be consigned to the record room after the needful is done by the office. Order pronounced in the open court on 28/11/2024. Sd/- Sd/- ¼jkBkSM+ deys'k t;UrHkkbZ ½ ¼ujsUnz dqekj½ (RATHOD KAMLESH JAYANTBHAI) (NARINDER KUMAR) ys[kk lnL; @Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 28/11/2024 *Ganesh Kumar, Sr. PS vkns'k dh izfrfyfi vxzsf’kr@Copy of the order forwarded to: 1. The Appellant- A. R. Foods Private Ltd., Bhiwadi 2. izR;FkhZ@ The Respondent- DCIT, Central Circle, Alwar 3. vk;dj vk;qDr@ The ld CIT 4. vk;dj vk;qDr¼vihy½@The ld CIT(A) 5. foHkkxh; izfrfuf/k] vk;dj vihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur 6. xkMZ QkbZy@ Guard File (ITA No. 852/JP/2024) vkns'kkuqlkj@ By order, lgk;d iathdkj@Asst. Registrar "