VAIBHAV GLOBAL LIMITED,JAIPUR vs. DCIT CENTRAL CIRCLE 4, JAIPUR, JAIPUR
Income Tax Appellate Tribunal, JAIPUR BENCH “A”, JAIPUR
Before: Dr. S. SEETHALAKSHMI & SHRI GAGAN GOYAL
PER GAGAN GOYAL, A.M:
This appeal by assessee is directed against the order of CIT(A), Jaipur -05
dated 16.05.2024 passed u/s. 250 of the Income Tax Act, 1961 (in short ‘the Act’) for A.Y. 2019-20.The assessee has raised the following grounds of appeal:
1. In the facts and circumstances of the case and in law, Ld. CIT(A) has erred in rejecting the request for condonation of delay u/s. 249(2) of the Income Tax Act,
The action of the Ld. CIT(A) is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by condoning the delay.
In the facts and circumstances of the case and in law, Ld. CIT(A) has erred in not adjudicating Ground No. 1, raised before him, relating to action of AO in making the adjustments in the intimation under Section 143(1) which are outside the purview of Section 143(1)(a) of the Act. The action of the Id. CIT(A) is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by directing Id CIT(A) to adjudicate the Ground No. 1. 3. In the facts and circumstances of the case and in law, Ld. CIT(A) has erred in not adjudicating Ground No. 2. raised before him, relating to action of AO in making addition of Rs.44,80,879 u/s. 36(1) (va) of Income Tax Act, 1961. The action of the Ld. CIT(A) is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by deleting the entire addition made by Ld. AO and confirmed by Ld. CIT(A).
The assessee company craves its rights to add, amend or alter any of the grounds on or before the hearing.”
The brief facts of the case are that the assessee filed its return of income on 05.02.2020. The return of the income was processed u/s. 143(1) of the Act and certain adjustments were carried out amounting to Rs. 44,80,879/-. The assessee being aggrieved with the same filed an appeal before the Ld. CIT(A) with a delay of 3 Years and 7 months (1298 Days.) The Ld. CIT(A) dismissed the appeal of the assessee on the ground of delay not justified by the assessee. The assessee being further aggrieved with this order of the Ld. CIT(A) preferred the present appeal before us. In the meantime, the assessee filed an application before us vide dated: 20.03.2025 for withdrawal of appeal, as the assessee opted for Vivad Se Vishwas Scheme, 2024 and filed appropriate form 1, form 2 and form 3 before us.
We have verified the application filed by the assessee and find the same is in order and allowed the same to be withdrawn and appeal of the assessee is dismissed as withdrawn.
In the result the appeal of the assessee is dismissed as withdrawn. Order is pronounced in the open court on the 10thDay of April 2025. (Dr. S. SEETHALAKSHMI) ACCOUNTANT MEMBER Jaipur, िदनांक/Dated: 10/04/2025 Copy of the Order forwarded to: 1. अपीलाथ /The Appellant , 2. ितवादी/ The Respondent. 3. आयकर आयु CIT 4. िवभागीय ितिनिध, आय.अपी.अिध., Sr.DR., ITAT, 5. गाड फाइल/Guard file.
BY ORDER,
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(Asstt.