VIMAL KUMAR MANTRI HUF THROUGH KARTA SHRI AMIT KUMAR MANTRI,JAIPUR vs. INCOME TAX OFFICER WARD - 4(3), JAIPUR
आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर
IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A-Bench” JAIPUR
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BEFORE: SHRI GAGAN GOYAL, AM & SHRI NARINDER KUMAR, JM vk;dj vihy la-@ITA No. 29/JPR/2024
fu/kZkj.k o"kZ@Assessment Year : 2014-15
Ward-4(3),
Jaipur.
LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.:AACHV0973P vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assesseeby : Shri Tarun Mittal, C.A.
jktLo dh vksjls@Revenue by: Mrs. Anita Rinesh, JCIT-DR lquokbZ dh rkjh[k@Date of Hearing
: 03/04/2025
mn?kks"k.kk dh rkjh[k@Date of Pronouncement: 07/04/2025
vkns'k@ORDER
PER: NARINDER KUMAR, JUDICIAL MEMBER .
On 29.11.2023, Learned CIT(A), NFAC, vide impugned order passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), relating to the assessment year 2014-15, dismissed the appeal filed by the assessee and thereby upheld the assessment order dated 29.12.2017,
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Vimal Kumar Mantri HUF Thr. Karta Shri Amit Kumar Mantri passed by the Assessing Officer, u/s 147 r.w.s. 144 of the Act, whereby its total income was computed as under:-
“Total income as per return
Rs. 1,04,590/-
Addition u/s 68
Rs. 68,48,094/-
Addition u/s 69C
Rs. 4,41,888/-
Total income
Rs. 73,94,572/-
R/O
Rs. 73,94,570/-“
As is available from the assessment order, it is stated to be a case of survey/ search operation conducted by the Investigation Wing of Income Tax Department, which led to discovery of transactions of purchase/sale of shares, leading to long term capital gains, to the tune of Rs. 68,48,094/-, and also to the unexplained expenditure to the tune of Rs. 4,41,888/- found to have been paid by the assessee by way of commission @ 6% of the sale value of the shares of M/s First Financial Services Limited. 3. Today, when the appeal has been taken up for hearing, Ld. AR for the appellant has submitted an application seeking withdrawal of this appeal on the ground that the assessee has opted to avail of benefit of Direct Tax under Vivad Se Vishwas Scheme, 2024. 4. With the above said application seeking withdrawal of appeal, copy of Form No. 1 submitted before the competent authority has been furnished. Form No. 2 is still awaited, as mentioned in the application.
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Vimal Kumar Mantri HUF Thr. Karta Shri Amit Kumar Mantri
Ld. DR for the appellant-applicant submits that in view of the fact that the assessee has opted for the above said Scheme-2024, this appeal be dismissed as having been withdrawn. 6. In view of the above submission, this appeal is hereby dismissed as having been withdrawn. However, it is made clear that in case no settlement is arrived at between the parties, the appellant shall be at liberty to apply for revival of the appeal by moving appropriate application, in accordance with law. 7. Registry to give a note on the index about withdrawal of this appeal with the liberty given, so that the record may be preserved, in accordance with rules. File be consigned to the record room after the needful is done by the office.
Order pronounced in the open court on 07/04/2025. ¼xxu xks;y½
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(GAGAN GOYAL)
(NARINDER KUMAR) ys[kk lnL; @Accountant Member U;kf;d lnL;@Judicial Member
Tk;iqj@Jaipur fnukad@Dated:- 07/04/2025
*Santosh
आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू
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Vimal Kumar Mantri HUF Thr. Karta Shri Amit Kumar Mantri
The Appellant- Vimal Kumar Mantri HUF Thr. Karta Shri Amit Kumar Mantri, Jaipur. 2. izR;FkhZ@ The Respondent- ITO, Ward-4(3), Jaipur. 3. vk;dj vk;qDr@ The ld CIT 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZ QkbZy@ Guard File ITA No. 29/JPR/2024) vkns'kkuqlkj@ By order,
सहायक पंजीकार@Aेेजज. त्महपेजतंत