SMT. PURUSHOTHAMAN NISHA, CHENNAI V. ACIT, NCC-9, CHENNAI

ITA 2790/CHNY/2019

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 9124 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 1 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 29-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 32; 6

Judgement Text

आयकर अपील य अ धकरण, ‘डी’ यायपीठ, चे नई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘D’ BENCH, CHENNAI ी महावीर संह, उपा य एवं ी जी. मंज ु नाथ, लेखा सद&य के सम BEFORE SHRI MAHAVIR SINGH, VICE-PRESIDENT AND SHRI G.MANJUNATHA, ACCOUNTANT MEMBER आयकर अपील सं./I . T. A. N o. 2 7 9 0/ C hn y/ 2 0 1 9 ( नधा रणवष / As s e s s m en t Ye a r : 20 12 - 1 3) Smt. Purushothaman Nisha 346A, Pantheon Road, Egmore, Chennai-600 008. V s The Assistant Commissioner of Income Tax, Non-Corporate Circle-9, Chennai. P AN: A AI P S 8 3 2 6 F (अपीलाथ /Appellant) ( यथ /Respondent) अपीलाथ क ओरसे/ Appellant by : Mr. S.Sridhar, Advocate यथ क ओरसे/Respondent by : Ms. R.Anita, Addl.CIT स ु नवाईक तार ख/D a t e o f h e a r i n g : 08.11.2021 घोषणाक तार ख /D a t e o f P r o n o u n c e m e n t : 08.11.2021 आदेश / O R D E R Per BENCH: This appeal filed by the assessee is directed against the order passed by the learned CIT(A)-10, Chennai dated 31.01.2019 and pertains to assessment year 2012-13. 2. At the outset, we find that the appeal filed by the assesseeis is time barred by 122 days for which necessary petition for condonation of delay explaining reasons for the delay has been filed. The learned AR for the assessee submitted that assessee could not file appeal within the time allowed under the Act, therefore delay may be condoned. Having heard both the sides and considered the petition along 2 ITA No 2790/Chny/2019 with affidavit filed by the assessee for condonation of delay, we are of the considered view that reasons given by assessee for not filing appeal 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 appeal is condoned and appeal filed by the assessee is admitted for adjudication. 3. We have heard learned counsel for the assessee and learned 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. counsel for the assessee further submitted that the Department has accepted application filed by the assessee and issued Form 3 quantifying amount of taxes payable under VSVS scheme. Therefore, the ld. counsel for the assessee submitted that the appeal filed by the assessee may be dismissed as withdrawn. The ld. DR, on the other hand, has no objection for dismissing the appeal as the 3 ITA No 2790/Chny/2019 Designated Authority has issued Form 3. Therefore, considering the fact that the assessee has filed application for withdrawal of appeal and has also filed Form 3 issued by the Department, we dismiss the appeal filed by the assessee as withdrawn. However, a liberty is given to the assessee to restore the appeal, in case the application filed by the assessee before the Designated Authority, is rejected for any reason. 4. In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 8 th November, 2021 Sd/- Sd/- (महावीर संह) ( जी. मंज ु नाथ ) (Mahavir Singh) (G. Manjunatha ) उपा य / Vice-President लेखा सद%य / Accountant Member चे'नई/Chennai, (दनांक/Dated 8 th November, 2021 DS आदेश क त*ल+प अ,े+षत/Copy to: 1. Appellant 2. Respondent 3. आयकर आय ु -त (अपील)/CIT(A) 4. आयकर आय ु -त/CIT 5. +वभागीय त न1ध/DR 6. गाड फाईल/GF.