Santhanalakshmi Investments (P) Ltd., CHENNAI V. DCIT LTU-2, CHENNAI

ITA 1147/CHNY/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5145 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 02-09-2021
• Assessment Year: 1999-2000
• Appeal Filed On: 04-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R ANITA
• Assessee Lawyers: D PALANIVEL
• Keywords: Reasonable cause; Condonation of delay

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI [ , . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ ITA NOS.: 1147, 1148, 1149 & 1150/CHNY/2018 / ASSESSMENT YEARS: 1999-2000, 2000-01, 2001-02 & 2004-05 M/S. SANTHANAL A KSHMI INVESTMENTS (P) LTD., SINCE MERGED WITH AND KNOWN AS M/S. E.I.D. PARRY (INDIA) LTD., #234, N.S.C. BOSE ROAD, CHENNAI 600 001. PAN: AAACS 3112N V. THE ITO, CORPORATE WARD 6(4) CHENNAI. ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI D. PALANIVEL, ADVOCATE /RESPONDENT BY : SMT. R. ANITA, ADDL.CIT /DATE OF HEARING : 24.09.2021 /DATE OF PRONOUNCEMENT : 24.09.2021 / O R D E R PER G. MANJUNATHA, AM: THESE APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAINST ORDERS OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-5, CHENNAI, ALL DATED 28.12.2017 FOR ASSESSMENT YEARS 1999-2000, 2000-01, 2001- 02 & 2004-05. 2 I.T.A. NOS. 1147 TO 1150/CHNY/2018 (VSVS) 2. AT THE OUTSET, WE FIND THAT THE APPEALS FILED BY THE ASSESSEE ARE TIME BARRED BY LIMITATION FOR WHICH NECESSARY PETITION FOR CONDONATION OF DELAY ALONG WITH AFFIDAVIT EXPLAINING THE REASONS FOR THE DELAY HAS BEEN FILED. THE LD. COUNSEL SUBMITTED THAT ASSESSEE COULD NOT FILE APPEALS WITHIN THE TIME ALLOWED UNDER THE ACT, THEREFORE DELAY MAY BE CONDONED. HAVING HEARD BOTH SIDES AND CONSIDERED THE PETITION FILED BY THE ASSESSEE FOR CONDONATION OF DELAY, WE ARE OF THE CONSIDERED VIEW THAT REASON GIVEN BY ASSESSEE FOR NOT FILING THE APPEALS WITHIN THE TIME ALLOWED UNDER THE ACT COMES UNDER REASONABLE CAUSE AS PROVIDED UNDER THE ACT FOR CONDONATION OF DELAY AND HENCE, DELAY IN FILING OF ABOVE APPEALS ARE CONDONED AND APPEALS FILED BY THE ASSESSEE ARE ADMITTED FOR ADJUDICATION. 3. WE HAVE HEARD THE LD.AR FOR THE ASSESSEE AND THE LD. DR AND ALSO PERUSED THE MATERIALS AVAILABLE ON RECORD. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE HAS FILED A LETTER ALONG WITH FORM NO.3 ISSUED BY THE DEPARTMENT UNDER VIVAD SE VISHWAS SCHEME, 2020 AND SUBMITTED THAT THE ASSESSEE HAS AVAILED THE VSVS SCHEME TO SETTLE ITS PENDING DISPUTES. THE LD.AR FOR THE ASSESSEE FURTHER SUBMITTED THAT THE DEPARTMENT HAS ACCEPTED 3 I.T.A. NOS. 1147 TO 1150/CHNY/2018 (VSVS) APPLICATIONS FILED BY THE ASSESSEE AND ISSUED FORM 3 QUANTIFYING AMOUNT OF TAXES PAYABLE UNDER VSVS SCHEME. THEREFORE, THE LD.AR FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE MAY BE PERMITTED TO WITHDRAW THE APPEALS. THE LD.DR ON THE OTHER HAND HAS NO OBJECTION FOR WITHDRAWING APPEALS FILED BY THE ASSESSEE. THEREFORE, CONSIDERING THE FACT THAT THE ASSESSEE HAS FILED APPLICATIONS FOR WITHDRAWAL OF APPEALS AND HAS ALSO FILED FORM 3 ISSUED BY THE DEPARTMENT, WE DISMISS THE APPEALS FILED BY THE ASSESSEE AS WITHDRAWN. HOWEVER, A LIBERTY IS GIVEN TO THE ASSESSEE TO RESTORE THE APPEALS, IN CASE THE APPLICATIONS FILED BY THE ASSESSEE BEFORE THE DESIGNATED AUTHORITY, IS REJECTED FOR ANY REASON. 3. IN THE RESULT, ALL THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH SEPTEMBER, 2021 AT CHENNAI. SD/- SD/- ( ) (V. DURGA RAO) / JUDICIAL MEMBER ( . ) (G. MANJUNATHA) /ACCOUNTANT MEMBER /CHENNAI, /DATED, THE 24 TH SEPTEMBER, 2021 RSR 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. /GF.