SH. GURMEET SINGH,JAIPUR V. ITO, WARD-5(2), JAIPUR, JAIPUR

ITA 1548/JPR/2024

AI Insights

The case involves Shri Gurmeet Singh, who appealed against an order from the Addl. CIT(A)-1, Gurugram, which partially allowed his appeal against an assessment order for the year 2016-17. The assessment included an addition of Rs.3,94,737 as duty drawback and computed the total income at Rs.7,36,470. The appellant, dealing in export sales, sought to withdraw his appeal as he opted for the Direct Tax Vivad Se Vishwas Scheme, 2024 to settle the dispute. The tribunal's decision to dismiss the appeal was contingent on the outcome of the settlement under the mentioned scheme.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 472759 (ITAT-JAIPUR)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-02-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• 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: 250; 44AD; 5(2)

Judgement Text

" vk;djvihyh; vf/kdj.k] t;iqj U;k;ihB] t;iqj IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, “SMC-Bench” JAIPUR Jh xxu Xkks;y] ys[kk lnL; ,o aJh ujsUnz dqekj] U;kf;d lnL; ds le{k BEFORE: SHRI GAGAN GOYAL, AM & SHRI NARINDER KUMAR, JM vk;djvihy la-@ITA No. 1548/JP/2024 fu/kZkj.ko\"kZ@Assessment Year: 2016-17 Shri Gurmeet Singh 280, Adarsh Nagar Jaipur cuke Vs. The ITO Ward 5(2) Jaipur LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.:AXRPS 1784 R vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assessee by : Shri P.C. Parwal, CA. jktLo dh vksjls@Revenue by: Sh. Gautam Singh Choudhary, Addl. CIT-DR. lquokbZ dh rkjh[k@Date of Hearing : 26 /02/2025 mn?kks\"k.kk dh rkjh[k@Date of Pronouncement : 26 /02/2025 vkns'k@ORDER PER: NARINDER KUMAR, JUDICIAL MEMBER The assessee is in appeal, while challenging impugned order dated 16-12- 2024 passed by Ld. Addl. CIT(A)-1, Gurugram, u/s 250 of Income Tax Act, 1961 ( in short “the Act”), relating to the assessment year 2016-17, as thereby the appeal filed by him challenging assessment order dated 20-12-2018 has been allowed only in part, in the manner indicated therein. 2 ITA NO. 1548/JP/2024 SHRI GURMEET SINGH VS ITO, WARD 5(2), JAIPUR 2 The assessee deals in export sales. Vide assessment order, the AO computed the total income of the assessee at Rs.7,36,470/- by making an addition of Rs.3,94,737/- on account of duty draw back, allowing deduction of Rs.79,905/- under Chapter VIA, and computing the net profit @ 8%, to the tune of Rs.4,21,640/-, u/s 44AD of the Act. 3. Today, the appeal has been put up alongwith an application dated 17-01- 2025 submitted on behalf of the appellant. In the application, the prayer is that this appeal be dismissed as having been withdrawn, as the appellant has moved appropriate application for settlement of the dispute availing of benefit of Direct Tax Vivad Se Vishwas Scheme, 2024. At the same time, it has been requested that the appellant be granted liberty to get the appeal revised, in case of no settlement under the Scheme i.e. Direct Tax Vivad Se Vishwas Scheme, 2024. 4. Alongwith the application, copy of Form No. 2 has been submitted. Form No. 4 is stated to have not so far been issued. 5. Having regard to the prayer in the application and that the appellant intends to get the matter settled under Direct Tax Vivad Se Vishwas Scheme, 2024, as requested, and as not opposed to, this appeal deserves to be dismissed as having been withdrawn. 3 ITA NO. 1548/JP/2024 SHRI GURMEET SINGH VS ITO, WARD 5(2), JAIPUR Result 6. As a result, this appeal is dismissed as having been withdrawn . However, it is made clear that in case no settlement is arrived at under the said Scheme, the assessee -appellant shall be at liberty to file appropriate application for restoration of the appeal, and that too in accordance with law. 7. Appeal file be consigned to record room after the needful is done by the office. Order pronounced in open court on 26/02/2025. Sd/- Sd/- (xxu Xkks;y) ¼ujsUnz dqekj½ (GAGAN GOYAL) (NARINDER KUMAR) ys[kk lnL; @Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated 26 /02/2025 *Mishra, Sr. PS vkns'k dh izfrfyfivxzsf’kr@Copy of the order forwarded to: 1. The Appellant- Shri Gurmeet Singh, Jaipur 2. izR;FkhZ@ The Respondent- The ITO, Ward 5(2), ,Jaipur 3. vk;djvk;qDr@ The ld CIT 4. foHkkxh; izfrfuf/k] vk;djvihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur 5. xkMZQkbZy@ Guard File ITA No.1548/JP/2024) vkns'kkuqlkj@ By order, lgk;diathdkj@Asstt. Registrar "