Deccan Strips and Tubes Private Limited, Hyderabad V. Dy. Commissioner of Income Tax, Circle-17(1), Hyderabad

ITA 1760/Hyd/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7312 (ITAT-HYDERABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 31-03-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 25-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: PHANINDRA SUSARLA
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI P RASAD SAHU, ACCOUNTANT MEMBER ITA NO S . 193 6, 1937 & 1760 /H/201 7 A SSESSMENT Y EAR S : 20 09 - 10, 2010 - 11 & 2011 - 12 M/S DECCAN STRIPS AND TUBES PVT. LTD., HYDERABAD. PAN AA DCD 2560L VS. DY. COMMISSIONER OF INCOME - TAX, CIRCLE 17 (1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: S HRI PHANINDRA SUSARLA REVENUE BY: S HRI SUNIL KUMAR PANDEY DATE OF HEARING: 2 6 /0 3 /2021 DATE OF PRONOUNCEMENT: 05 / 0 4 /2021 O R D E R PER BENCH: T H E S E APPEAL S FILED BY THE ASSESSEE FOR AY S 20 09 - 10 TO 2011 - 12 ARE DIRECTED AGAINST CIT(A) - 5 , HYDERABADS SEPARATE ORDER S, ALL DATED 31 / 0 7 /201 7 INVOLVING PROCEEDINGS U/S 143(3) RWS 147 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. ITA NO S . 19 36, 1937 & 1760 /H YD/ 20 1 7 M/S DECCAN STRIPS AND TUBES PVT. LTD., HYDERABAD. : - 2 - : 2. WE NOTICE AT THE OUTSET THAT ASSESSEES INSTANT APPEAL S SUFFER FROM 23 DAYS DELAY IN FILING THE APPEALS IN ITA NOS. 1936 & 1937/HYD/2017 AND 8 DAYS DELAY IN FILING APPEAL IN ITA NO. 1760/ H YD/2017 RESPECTIVELY . TO THIS EFFECT, THE ASSESSEE FILED CONDONATION PETITION S ALONG WITH AFFIDAVIT S AFFIRMING, INTER - ALIA, THEREIN THAT AT THE RELEVANT POIN T OF TIME ITS COUNSEL WHO WAS LOOKING AFTER INCOME - TAX MATTER WAS ILL WHICH CAUSED THE IMPUGNED DELAY IN FILING OF THE INSTANT APPEAL S . CASE LAW COLLECTOR LAND ACQUISITION VS MST. KATIJI & ORS, 1987 AIR 1353 (SC) AND UNIVERSITY OF DELHI VS. UNION OF IND IA, CIVIL APPEAL NO. 9488 & 9489/2019 DATED 17 DECEMBER, 2019, HOLD THAT SUCH A DELAY; SUPPORTED BY COGENT REASONS, DESERVES TO BE CONDONED SO AS TO MAKE WAY FOR THE CAUSE OF SUBSTANTIAL JUSTICE. WE ACCORDINGLY HOLD THAT ASSESSEES IMPUGNED DELAY IN FIL ING THE APPEALS IS NEITHER INTENTIONAL NOR DELIBERATE BUT DUE TO THE CIRCUMSTANCES BEYOND ITS CONTROL. THE SAME STANDS CONDONED. CASE S ARE NOW TAKEN UP FOR ADJUDICATION ON MERITS. ITA NO S . 19 36, 1937 & 1760 /H YD/ 20 1 7 M/S DECCAN STRIPS AND TUBES PVT. LTD., HYDERABAD. : - 3 - : 3. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THAT THE ASSESSEE HAS OPTED TO AVAIL THE BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 IN PRESCRIBED FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 IN TUNE THERETO FOR AY 2009 - 10 AND AWAITING TO RECEIVE FORM (S) 3 FOR AYS 2010 - 11 AND 2011 - 12 , AND THEREFORE, REQUESTED THE BENCH TO PERMIT TO WITHDRAW TH E S E APPEAL S OF THE ASSESSEE. 3. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL S OF THE ASSESSEE AS WITHDRAW N SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 FOR AY 2009 - 10 AND AWAITING TO RECEIVE FORM NO. 3 FOR AYS 2010 - 11 AND 2011 - 12 , WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSES SEE TO FILE FOR REVIVAL OF TH E S E CASE S , IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO IT FOR TECHNICAL REASONS. ITA NO S . 19 36, 1937 & 1760 /H YD/ 20 1 7 M/S DECCAN STRIPS AND TUBES PVT. LTD., HYDERABAD. : - 4 - : 4 . IN THE RESULT, ASSESSEES APPEAL S ARE DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 5 TH APRIL , 2021 . SD/ - SD / - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 5 TH APRIL , 20 2 1 . KV C OPY TO : 1 M/S DECCAN STRIPS AND TUBES PVT. LTD., C/O S/SHRI K. VASANTKUMAR, AV RAGHURAM, P. VINOD & M. NEELIMA DEVI, ADVOCATES, 610 BABUKHAN ESTATE, BASHEERBAGH, HYDERABAD 500 001. 2 DCIT, CIRCLE 17 (1), 9 TH FLOOR, SIGNATURE TOWERS, OPP. BOTANICAL GARDEN, KONDAPUR, HYDERABAD - 84 3 CIT(A) 5 , HYDERABAD 4 PR. CIT - 5 , HYDERABAD. 5 ITAT, DR, HYDERABAD 6 GUARD FILE.