LATE SH. BANSIDHAR MEHTA THROUGH LEGAL HEIR MOHAN MEHTA,KOTA V. ITO, WARD-1(3), KOTA, KOTA

ITA 1196/JPR/2024

AI Insights

The case involves an appeal by the legal heir of Late Shri Bansidhar Mehta against the order of the CIT(A), which upheld the assessment order by the AO assessing the total income of the assessee at Rs.19,19,240, including additions on long-term and short-term capital gains from the sale of two plots. The appellant decided to withdraw the appeal to participate in the Direct Tax Vivad Se Vishwas Scheme, 2024, aiming for a potential settlement. The Department did not object to the withdrawal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 28425 (ITAT-JAIPUR)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GAUTAM SINGH CHOUDHARY; .
• Assessee Lawyers: P.C. PARWAL
• Section: 147; 143(3)

Judgement Text

" vk;dj vihyh; vf/kdj.k] t;iqj U;k;ihB] t;iqj IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, “SMC-Bench” JAIPUR JhjkBkSM+ deys'kt;UrHkkbZ] ys[kk lnL; ,o aJhujsUnzdqekj] U;kf;dlnL; ds le{k BEFORE: SHRI RATHOD KAMLESH JAYANTBHAI, AM & SHRI NARINDER KUMAR, JM vk;djvihy la-@ITA No. 1196/JPR/2024 fu/kZkj.k o\"kZ@Assessment Year: 2010-11 Late Shri Bansidhar Mehta Thru’ L/h Shri Mohan Mehta Prop: Bansidhar Kailashchand Mehta B-84, Bhamashah Mandi, Kota- 324005 cuke Vs. The ITO Ward – 1(3) Kota LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: ADZPM 3665 M vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assessee by : Shri P.C.Parwal, FCA. jktLo dh vksjls@Revenue by: Shri Gautam Singh Choudhary, JCIT-Sr.DR. lquokbZ dh rkjh[k@Date of Hearing : 17 /03/2025 mn?kks\"k.kk dh rkjh[k@Date of Pronouncement : 17 /03/2025 vkns'k@ORDER PER: NARINDER KUMAR, JUDICIAL MEMBER. On 21-09-2024, the assessee presented this appeal challenging order dated 24-07-2024 passed by the ld. CIT(A), NFAC, Delhi, relating to assessment year 2010-11. 2. Vide impugned order, the appeal filed by the assessee was dismissed thereby upholding the assessment order dated 25-12-2017 passed u/s 143(3) read with section 147 of the Income Tax Act, 1961. 2 ITA NO. 1196/JPR/2024 LATE SHRI BANSIDHAR MEHTA THRU’ L/H SHRI MOHAN MEHTA VS ITO, WARD 1(3), KOTA 3. Vide above said assessment order, the AO had assessed total income of the assessee at Rs.19,19,240/- making two additions i.e. one on long term capital gain basis and other on the basis of short term capital gain, in respect of sale of two plots. 4. On 2-01-2025 on behalf of legal heir of the assessee, through whom present appeal has been filed, an application came to be presented before the Registry with the prayer for withdrawal of this appeal. The reason for withdrawal is that application has been filed to avail benefit of Direct Tax Vivad Se Vishwas Scheme, 2024. As mentioned in the application, Form 2 has already been issued by the PCIT, Udaipur. Its copy has been enclosed with the application. Form No. 4 is yet to be received from PCIT, Udaipur. 5. Ld. AR for the appellant -applicant submits that this appeal be dismissed as having been withdrawn with the liberty to get the same revived, in case no settlement is arrived at between the parties under the above Scheme. ld. DR for the Department has no objection to the withdrawal of the appeal due to the aforesaid reason. Result 6. In view of the prayer of the appellant- applicant that resort has been made to Direct Tax Vivad Se Vishwas Scheme, 2024, this appeal is hereby dismissed as 3 ITA NO. 1196/JPR/2024 LATE SHRI BANSIDHAR MEHTA THRU’ L/H SHRI MOHAN MEHTA VS ITO, WARD 1(3), KOTA having been withdrawn. However, it is made clear that the appellant shall be at liberty to move appropriate application, in accordance with law, for the revival of the appeal in case no settlement is arrived at between the parties. File be consigned to the record room, after the needful is done by the office. Order pronounced in the open court on 17/03/2025. 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:- 17 /03/2025 *Mishra, Sr. PS vkns'k dh izfrfyfivxzsf’kr@Copy of the order forwarded to: 1. The Appellant- Late Shri Bansidhar Mehta, Thru’L/h Shri Mohan Mehta, Kota 2. izR;FkhZ@ The Respondent- The ITO, Ward-1(3), Kota 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. 1196/JPR/2024) vkns'kkuqlkj@ By order, lgk;d iathdkj@Asstt. Registrar "