GALAXY CONCAB INDIA PRIVATE LIMITED,JAIPUR V. DCIT- CIRCLE-3, JAIPUR

ITA 1042/JPR/2024

AI Insights

The case involves Bajrang Ball Industries Pvt. Ltd., which appealed against the order of the Learned CIT(A), Jaipur-4, upholding the assessment order for the year 2014-15. The CIT(A) had dismissed the appeal initially due to the appellant's failure to file within the prescribed period, citing lack of sufficient cause. Subsequently, the appellant opted for the Direct Tax Vivad Se Vishwas Scheme-2024, leading to the withdrawal of the appeal with the possibility of restoration if the scheme does not result in a settlement.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 35088 (ITAT-JAIPUR)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GAUTAM SINGH CHOUDHARY; TH.V.C; GAUTAM SINGH CHOUDHARY; TH.V.C
• Assessee Lawyers: PRABHA RANA; PRABHA RANA
• Keywords: Period of limitation
• Section: 250

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. 989/JPR/2024 fu/kZkj.k o\"kZ@Assessment Year : 2014-15 Bajrang Ball Industries Private Limited F-532, Road No. 6D, VKI Area, Jaipur. Cuke Vs. The DCIT, Central Circle-2, Jaipur. LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAACB9926F vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by : Ms. Prabha Rana, Adv. jktLo dh vksj ls@Revenue by: Sh. Gautam Singh Choudhary, JCIT (Th. V.C.) lquokbZ dh rkjh[k@Date of Hearing : 09 /01/2025 mn?kks\"k.kk dh rkjh[k@Date of Pronouncement: 09/01/2025 vkns'k@ORDER PER: Narinder Kumar, Judicial Member, By way of present appeal, the assessee has challenged order dated 30.05.2024, passed by Learned CIT(A), Jaipur-4, u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), whereby assessment order dated 29.03.2016, pertaining to the assessment year 2014-15, has been upheld and the appeal filed by the assessee stands dismissed. 2 ITA No. 989/JPR/2024 Bajrang Ball Industries Pvt. Ltd. It may be mentioned here that Learned CIT(A) dismissed the appeal in limine holding that the appellant had failed to prove any sufficient cause in filing of the appeal beyond prescribed period of limitation. 2. Today, on behalf of the appellant, an application has been submitted informing that the appellant has opted for availing of benefit of Direct Tax Vivad Se Vishwas Scheme-2024. 3. Ld. AR for the appellant has urged that the present appeal be dismissed as having been withdrawn, with liberty to get the same revived, in case no settlement is arrived at under the said Scheme-2024. 4. With the application, copy of Form -1 DTVSVS-2024 has been submitted by the appellant. 5. Having regard to all the facts and circumstances, prayer of Ld. AR for the appellant is allowed and this appeal is hereby dismissed, as having been withdrawn, with liberty that in case no settlement is arrived at between the parties as regards subject matter of the appeal, the appellant 3 ITA No. 989/JPR/2024 Bajrang Ball Industries Pvt. Ltd. shall be at liberty to file appropriate application for restoration of the appeal, in accordance with law. File be consigned to the record room after the needful is done by the office. Order pronounced in the open court on 09/01/2025. 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:- 09/01/2025 *Santosh vkns'k dh izfrfyfivxzsf’kr@Copy of the order forwarded to: 1. The Appellant- Bajrang Ball Industries Pvt. Ltd., Jaipur. 2. izR;FkhZ@ The Respondent- DCIT, Central Circle-2, Jaipur. 3. vk;dj vk;qDr@ The ld CIT 4. foHkkxh; izfrfuf/k] vk;dj vihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur 5. xkMZ QkbZy@ Guard File ITA No. 989/JPR/2024) vkns'kkuqlkj@ By order, lgk;d iathdkj@Asstt. Registrar ] 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. 989/JPR/2024 fu/kZkj.k o\"kZ@Assessment Year : 2014-15 Bajrang Ball Industries Private Limited F-532, Road No. 6D, VKI Area, Jaipur. Cuke Vs. The DCIT, Central Circle-2, Jaipur. LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAACB9926F vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by : Ms. Prabha Rana, Adv. jktLo dh vksj ls@Revenue by: Sh. Gautam Singh Choudhary, JCIT (Th. V.C.) lquokbZ dh rkjh[k@Date of Hearing : 09 /01/2025 mn?kks\"k.kk dh rkjh[k@Date of Pronouncement: 09/01/2025 vkns'k@ORDER PER: Narinder Kumar, Judicial Member, By way of present appeal, the assessee has challenged order dated 30.05.2024, passed by Learned CIT(A), Jaipur-4, u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), whereby assessment order dated 29.03.2016, pertaining to the assessment year 2014-15, has been upheld and the appeal filed by the assessee stands dismissed. 2 ITA No. 989/JPR/2024 Bajrang Ball Industries Pvt. Ltd. It may be mentioned here that Learned CIT(A) dismissed the appeal in limine holding that the appellant had failed to prove any sufficient cause in filing of the appeal beyond prescribed period of limitation. 2. Today, on behalf of the appellant, an application has been submitted informing that the appellant has opted for availing of benefit of Direct Tax Vivad Se Vishwas Scheme-2024. 3. Ld. AR for the appellant has urged that the present appeal be dismissed as having been withdrawn, with liberty to get the same revived, in case no settlement is arrived at under the said Scheme-2024. 4. With the application, copy of Form -1 DTVSVS-2024 has been submitted by the appellant. 5. Having regard to all the facts and circumstances, prayer of Ld. AR for the appellant is allowed and this appeal is hereby dismissed, as having been withdrawn, with liberty that in case no settlement is arrived at between the parties as regards subject matter of the appeal, the appellant 3 ITA No. 989/JPR/2024 Bajrang Ball Industries Pvt. Ltd. shall be at liberty to file appropriate application for restoration of the appeal, in accordance with law. File be consigned to the record room after the needful is done by the office. Order pronounced in the open court on 09/01/2025. 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:- 09/01/2025 *Santosh vkns'k dh izfrfyfivxzsf’kr@Copy of the order forwarded to: 1. The Appellant- Bajrang Ball Industries Pvt. Ltd., Jaipur. 2. izR;FkhZ@ The Respondent- DCIT, Central Circle-2, Jaipur. 3. vk;dj vk;qDr@ The ld CIT 4. foHkkxh; izfrfuf/k] vk;dj vihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur 5. xkMZ QkbZy@ Guard File ITA No. 989/JPR/2024) vkns'kkuqlkj@ By order, lgk;d iathdkj@Asstt. Registrar "