NEMI KUMAR JAIN, HUF, JAIPUR V. ITO, WARD-1(2), JAIPUR

ITA 241/JPR/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2118 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 17-03-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: TANUJ AGRAWAL

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S,A 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. 241/JP/2020 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2014-15 SHRI NEMI KUMAR JAIN, HUF, 1563, SINGHI JI KA GALI, CHAURA RASTA, JAIPUR. CUKE VS. THE ITO, WARD-1(2), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AACHN 5801 Q VIHYKFKHZ@ APPE LLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI TANUJ AGRAWAL (ADV.) JKTLO DH VKSJ LS @ REVENUE BY : SMT. MONISHA CHOUDHARY (JCIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 24/06/2021 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT : 24/06/2021 VKNS'K@ ORDER PER: SANDEEP GOSAIN, J.M. THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT(A)-1, JAIPUR DATED 07.01.2020 FOR THE ASSESSMENT YEAR 2014-15. 2. HEARING OF THE APPEAL WAS CONCLUDED THROUGH VIDE O CONFERENCE IN VIEW OF THE PREVAILING SITUATION OF COVID-19 PANDEM IC. ITA NO. 241/JP/2020 SHRI NEMI KUMAR JAIN HUF VS. ITO 2 3. THE LD. COUNSEL FOR THE ASSESSEE FURNISHED APPLI CATION FOR WITHDRAWAL OF THIS APPEAL. THE CONTENTION IN THE SA ID APPLICATION READS AS UNDER:- HONBLE SIRS, MOST RESPECTFULLY, YOUR HONOURS ARE REQUESTED TO P ERMIT FOR WITHDRAWAL OF APPEAL AS APPELLANT HAS OPTED FOR VIV AD SE VISHWAS SCHEME. FROM NO. 3 HAS ALREADY BEEN ISSUED, HOWEVER, TAX RA TE WAS WRONGLY APPLIED BY THE INCOME TAX DEPARTMENT @ 125% OF SEARCH ASSESSMENT INSTEAD OF 100% OF NON SEARCH CAS E, CBDT HAS RECENTLY ISSUED CIRCULAR NO. 4/2021 DATED 23.0 3.2021 RESOLVING THE CONTROVERSY. IN VIEW OF THE AFORESAID CBDT CIRCULAR, THE APPELLANT HAS REQUESTED THE LD. PCIT TO REISSUE THE CORRECTED FORM NO. 3. IN THE AFORESAID CIRCUMSTANCES, THE APPELLANT HUMBL Y REQUESTS YOUR HONOURS TO KINDLY PERMIT THE APPELLANT TO WI THDRAW THE PRESENT APPEAL. WITH WARM REGARDS, TANUJ AGARWAL, ADVOCATE 4. THE LD. DR HAS RAISED NO OBJECTION IF THE APPEAL OF THE ASSESSEE IS ALLOWED TO BE WITHDRAWN. 5. THEREFORE, IN VIEW OF THE FACT THAT THE ASSESSEE HAS ALREADY APPROACHED THE DEPARTMENT TO SETTLE THE MATTER UNDE R VIVAD SE ITA NO. 241/JP/2020 SHRI NEMI KUMAR JAIN HUF VS. ITO 3 VISHWAS SCHEME, WE PERMIT THE ASSESSEE TO WITHDRAW THIS APPEAL. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS DISMISSE D AS WITHDRAWN. 6. IN THE RESULT, THIS APPEAL OF THE ASSESSEE IS DI SMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 24/06/2021. SD/- SD/- FOE FLAG ;KNO LANHI XKSLKBZ (VIKRAM SINGH YADAV) (SANDEEP GOSAIN) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 24/06/2021. * SANTOSH. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SHRI NEMI KUMAR JAIN, HUF, JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT- ITO, WARD-1(2), JAIPUR. 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. 241/JP/2020} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR