JVR Croissanace Infrastructure Co Private Limited , Hyderabad V. Dy. Commissioner of Income Tax , Circle-2(1), Hyderabad

ITA 1903/Hyd/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7321 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2013-2014
• Appeal Filed On: 27-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO. 1903 /H/201 9 A SSESSMENT Y EAR : 201 3 - 1 4 JVR CROISSANCE INFRASTRUCTURE CO. PVT. LTD., HYDERABAD. PAN AACCJ 0904B VS. DY. COMMISSIONER OF INCOME - TAX, CIRCLE 2(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: S MT. S. SANDHYA 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 IS APPEAL FILED BY THE ASSESSEE FOR AY 20 1 3 - 1 4 I S DIRECTED AGAINST CIT(A) - 12 , HYDERABADS ORDER DATED 0 6 / 03 /201 9 INVOLVING PROCEEDINGS U/S 271(1)(C) OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2. WE NOTICE AT THE OUTSET THAT ASSESSEES INSTANT APPEAL SUFFERS FROM 198 DAYS DELAY IN FILING . TO THIS EFFECT, THE ITA NO. 1903/H YD/ 20 1 9 JVR CROISSANCE INFRASTRUCTURE CO. PVT. LTD., HYDERABAD. : - 2 - : ASSESSEE FILED CONDONATION PETITION ALONG WITH AN AFFIDAVIT AFFIRMING, INTER - ALIA, THEREIN THAT AT THE RELEVANT POINT OF TIME ITS ACCOUNTANT, WHO WAS LOOKING AFTER INCOME - TAX MATTER OF THE ASSESSEE COMPANY WAS ILL AND ULTIMATELY PASSED AWAY WHICH CAUSED THE IMPUGNED DELAY IN FILING OF THE INSTANT APPEAL. CASE LAW COLLECTOR LAND ACQUISITION VS MST. KATIJI & ORS, 1987 AIR 1353 (SC) AND UNIVERS ITY OF DELHI VS. UNION OF INDIA, CIVIL APPEAL NO. 9488 & 9489/2019 DATED 17 DECEMBER, 2019, HOLD THAT S UCH 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 OF 196 DAYS IS NEITHER INTENTIONAL NOR DELIBERATE BUT DUE TO THE CIRCUMSTANCES BEY OND ITS CONTROL. THE SAME STANDS CONDONED. CASE IS NOW TAKEN UP FOR ADJUDICATION ON MERITS. 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 - 2 020 IN PRESCRIBED FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 IN TUNE THERETO , WHICH IS PLACED ON RECORD AND THEREFORE, ITA NO. 1903/H YD/ 20 1 9 JVR CROISSANCE INFRASTRUCTURE CO. PVT. LTD., HYDERABAD. : - 3 - : REQUESTED THE BENCH TO PERMIT TO WITHDRAW THIS APPEAL OF THE ASSESSEE. 4 . HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESSEE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND RECEIVED FORM(S) - 3 , WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REV IVAL OF TH IS CASE, IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO IT FOR TECHNICAL REASONS. 5 . IN THE RESULT, ASSESSEES APPEAL IS 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 ITA NO. 1903/H YD/ 20 1 9 JVR CROISSANCE INFRASTRUCTURE CO. PVT. LTD., HYDERABAD. : - 4 - : C OPY TO : 1 JVR CROISSANCE INFRASTRUCTURE CO. PVT. LTD., PLOT NO. 19, 4 TH FLOOR, GREENTECH SQUARE, PHASE III, KAVURI HILLS, HYDERABAD 500 033 2 DCIT, CIRCLE 2(1), SIGNATURE TOWERS, OPP. BOTANICAL GARDEN, KONDAPUR, HYDERABAD - 84 3 CIT(A) 12 , HYDERABAD 4 PR. CIT (CENTRAL) , HYDERABAD. 5 ITAT, DR, HYDERABAD 6 GUARD FILE.