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

ITA 2807/CHNY/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8975 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 10 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 01-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S SRIDHAR
• Keywords: Reasonable cause; Condonation of delay

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , A B ENCH, CHENNAI . , . , % BEFORE SHRI V.DURGA RAO , JUDICIAL MEMBER AND SHRI G.MANJUNATHA, ACCOUNTANT MEMBER ./ I.T.A.NO.2807/CHNY/2019 ( / ASSESSMENT YEAR: 2012-13) MRS. PURUSHOTHAMAN SHEENA, 346A, PANTHEON ROAD, EGMORE, CHENNAI -600 008. VS THE ASSISTANT COMMISSIONER OF INCOME TAX, NON-CORPORATE CIRCLE-9, CHENNAI. PAN: AAIPS 8326F ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. S.SRIDHAR, ADVOCATE /RESPONDENT BY : MR. SURESH PERIASAMY, JCIT /DATE OF HEARING : 04.08.2021 /DATE OF PRONOUNCEMENT : 04.08.2021 / O R D E R PER G.MANJUNATHA, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGA INST THE ORDER PASSED BY THE LEARNED CIT(A)-10, CHENNAI DATE D 31.01.2019 AND PERTAINS TO ASSESSMENT YEAR 2012-13. 2. AT THE OUTSET, WE FIND THAT THERE IS A DELAY IN FILING THE APPEAL BY THE ASSESSEE FOR 123 DAYS FOR WHICH NEC ESSARY PETITION FOR CONDONATION OF DELAY EXPLAINING THE REASONS FOR THE DELAY HAS BEEN FILED. THE LEARNED COUNSEL SU BMITTED THAT ASSESSEE COULD NOT FILE APPEAL WITHIN THE TIME ALL OWED UNDER THE ACT, THEREFORE DELAY MAY BE CONDONED. HAVING HE ARD BOTH SIDES AND CONSIDERED THE PETITION FILED BY THE ASS ESSEE FOR CONDONATION OF DELAY, WE ARE OF THE CONSIDERED VIEW THAT 2 ITA NO. 2807/CHNY/2019 REASONS GIVEN BY ASSESSEE FOR NOT FILING THE APP EAL WITHIN THE TIME ALLOWED UNDER THE ACT COMES UNDER REASONABLE CAUSE AS PROVIDED UNDER THE ACT FOR CONDONATION OF DELAY A ND HENCE, DELAY IN FILING OF ABOVE APPEAL IS CONDONED AND A PPEAL FILED BY THE ASSESSEE IS ADMITTED FOR ADJUDICATION. 3. WE HAVE HEARD LEARNED COUNSEL FOR THE ASSESSEE A ND LEARNED DR AND ALSO PERUSED THE MATERIALS AVAILABLE ON RECORD. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASS ESSEE HAS FILED A LETTER ALONG WITH FORM NO.3 ISSUED BY THE D EPARTMENT 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 TA XES PAYABLE UNDER VSVS SCHEME. THEREFORE, THE LD. COUN SEL 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 DESIGNATED AUTHORITY HAS ISSUED FORM 3. THEREFORE, CONSIDERING THE FACT THAT THE ASSESSEE HAS FILED AP PLICATION FOR WITHDRAWAL OF APPEAL AND HAS ALSO FILED FORM 3 ISSU ED BY THE 3 ITA NO. 2807/CHNY/2019 DEPARTMENT, WE DISMISS THE APPEAL FILED BY THE ASSE SSEE AS WITHDRAWN. HOWEVER, A LIBERTY IS GIVEN TO THE ASSE SSEE TO RESTORE THE APPEAL, IN CASE THE APPLICATION FILED B Y THE ASSESSEE BEFORE THE DESIGNATED AUTHORITY, IS REJECTED FOR AN Y REASON. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH AUGUST, 2021 SD/- SD/- ( . ) ( . ) (V.DURGA RAO) ( G.MANJUNATHA ) $ & / JUDICIAL MEMBER & / ACCOUNTANT MEMBER $ /CHENNAI, ) /DATED 4 TH AUGUST, 2021 DS +, -, /COPY TO: 1. APPELLANT 2. RESPONDENT 3. . () /CIT(A) 4. . /CIT 5. , 2 /DR 6. /GF .