M/s. Friends Agrichem Private Limited, Bundi V. Income Tax Officer, , Bundi

ITA 129/JPR/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2415 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: misc
• Appeal Filed On: 04-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MONISHA CHOUDHARY JCIT A
• Keywords: Period of limitation; Competent authority; Time period of passing order; Condonation of delay

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S,B JAIPUR JH LAANHI XKSLKBZ] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SING H YADAV, AM VK;DJ VIHY LA-@ ITA. NO. 129 & 130/JP/2019 FU/KZKJ.K O'K Z@ ASSESSMENT YEARS : 2012-13 & 2013-14 FRIENDS AGRICHEM PRIVATE LIMITED GRAM CHAPRAS, N.H. -12, KOTA ROAD, BUNDI-323001. CUKE VS. THE ITO, BUNDI. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AABCF 3815 E VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI SAURAV HARSH (ADV.) JKTLO DH VKSJ LS @ REVENUE BY : SMT. MONISHA CHOUDHARY (JCIT) A LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 18/06/2021 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT : 22/06/2021 VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, A.M. THESE ARE TWO APPEALS FILED BY THE ASSESSEE AGAINS T THE RESPECTIVE ORDERS OF LD. CIT(A), KOTA BOTH DATED 08 .10.2018 FOR THE ASSESSMENT YEARS 2012-13 & 2013-14 RESPECTIVELY. 2. DURING THE COURSE OF HEARING, THE LD AR SUBMITTE D THAT THE ASSESSEE WISHES TO RESOLVE THESE TWO MATTERS AND HA S SINCE MOVED APPLICATION UNDER VIVAD SE VISHWAS SCHEME, 2020. TH E DESIGNATED AUTHORITY HAS SINCE ISSUED CONDITIONAL FORM 3 SUBJE CT TO ASSESSEE OBTAINING ORDER OF CONDONATION OF DELAY FROM THE TR IBUNAL. IT WAS SUBMITTED THAT THE ORDER PASSED BY THE LD CIT(A) WA S COMMUNICATED TO ITA NO. 129 &130/JP/2019 FRIENDS AGRICHEM PVT. LTD. VS. ITO 2 THE ASSESSEE ON 5.12.2018 AND THEREAFTER, THE APPEA L WAS FILED ON 4.2.2019 WELL WITHIN THE LIMITATION PERIOD AS PROVI DED UNDER THE ACT. IT WAS FURTHER SUBMITTED THAT THERE IS NO PREJUDICE WH ICH WILL BE CAUSED TO THE DEPARTMENT AS THE ASSESSEE HAS ALREADY MOVED AN APPLICATION FOR SETTLEMENT OF PRESENT DISPUTE AND PAYMENT OF TAXES. 3. THE REGISTRY ON VERIFICATION HAS HOWEVER REPORTE D A DELAY OF ONE DAY IN FILING THE PRESENT APPEALS. CONSIDERING THE FACTS OF THE CASE, IN EXERCISE OF POWERS UNDER SECTION 253(5) OF THE ACT, WE HEREBY CONDONE THE SAID DELAY IN FILING THE PRESENT APPEALS AND TH E APPEALS ARE HEREBY ADMITTED FOR ADJUDICATION. 4. FURTHER, AS THE ASSESSEE HAS APPLIED FOR WITHDR AWAL OF THESE TWO APPEALS ON THE GROUND THAT THE ASSESSEE HAS OPTED V IVAD SE VISHWAS SCHEME AND THE COMPETENT AUTHORITY HAS ALREADY ISSU ED FORM NO. 3, WE HEREBY PERMIT THE ASSESSEE TO WITHDRAW THE PRESE NT APPEALS. 5. IN VIEW OF ABOVE, THE PRAYER OF THE ASSESSEE IS ACCEPTED AND BOTH THE APPEALS ARE DISMISSED AS WITHDRAWN BY THE ASSES SEE. ORDER PRONOUNCED IN THE OPEN COURT ON 22/06/2021. SD/- SD/- LANHI XKSLKBZ FOE FLAG ;KNO ( SANDEEP GOSAIN ) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 22/06/2021. *SANTOSH VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT FRIENDS AGRICHEM PRIVATE LIMITED, BUN DI. ITA NO. 129 &130/JP/2019 FRIENDS AGRICHEM PVT. LTD. VS. ITO 3 2. IZR;FKHZ@ THE RESPONDENT- ITO, BUNDI. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR. 6. XKMZ QKBZY@ GUARD FILE { ITA NO. 129 & 130/JP/2019} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR