Sunshine Food Products, Bikaner V. ACIT, Central Circle, Bikaner.

ITA 419/JODH/2018

AI Insights

The case involves Sunshine Food Products, the appellant, who appealed against the order of the Commissioner of Income Tax (Appeals) Jaipur, which was passed under sections 143(3), 153A, and 250 of the Income Tax Act, 1961. The appellant had opted for the 'Vivad se Vishwas Scheme 2020', a scheme aimed at resolving pending tax disputes, and had received Form No. 5 from the income tax department. During the hearing, both parties agreed that the appeal should be dismissed as the dispute was resolved under the aforementioned scheme.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 125601 (ITAT-JODHPUR)
• Duration Of Justice: 4 year(s) 11 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 10-08-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 13-08-2018
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 153A; 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “DB” BENCH, JODHPUR BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER & SHRI DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER ITA No. 419/JODH/2018 (A.Y: 2015-16) Sunshine Food Products, F88&89,Bichhwal, Industries Area, Bikaner-334006, Rajasthan. Vs. ACIT, Central Circle Bikaner-334001, Rajasthan. PAN/GIR No. : AAOFS7902H Appellant .. Respondent Assessee by : Shri Rajendra Jain, Adv Revenue by : Smt. Alka Rajvanshi Jain, CIT DR Date of Hearing 11.08.2023 Date of Pronouncement 11.08.2023 आदेश / O R D E R PER PAVAN KUMAR GADALE JM: The assessee has filed the appeal against the order of the Commissioner of Income Tax (Appeals) Jaipur passed u/s 143(3) r.w.s 153A and 250 of the Income Tax Act, 1961. 2. At the time hearing, The Ld.AR of the assessee has submitted that the assessee has settled the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’ ITA No. 419/Jodh/2018 Shri Sunshine Food Products,Bikaner - 2 - (VSVS2020) and filed an application under VSVS Rules 2020 and received Form.No.5. Contra, the Ld. DR has no objections. 3. We heard the rival submissions and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and received Form-5 from the income tax department. We are of the view that, no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law. 4. In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open court on 11.08.2023. Sd/- Sd/- (DR DIPAK P RIPOTE) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Jodhpur Dated 11.08.2023 KRK, PS Copy of the Order forwarded to : 1. The Appellant 2. The Respondent. ITA No. 419/Jodh/2018 Shri Sunshine Food Products,Bikaner - 3 - 3. The CIT(A) 4. Concerned CIT 5. DR, ITAT, Jodhpur 6. Guard file. आदेशान ु सार/ BY ORDER, //True Copy// 1. ( Asst. Registrar) ITAT, Jodhpur