PAWANI DEVI, CHENNAI V. ITO, NCW - 5 (4), CHENNAI

ITA 3300/CHNY/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8419 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 8 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 03-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R ANITA
• Assessee Lawyers: GAUTAM SAMDARIYA
• Keywords: Reasonable cause; Condonation of delay

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI [ , . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ ITA NO.: 3300/CHNY/2019 / ASSESSMENT YEAR: 2011-12 SMT. PAWANI DEVI, 41, WALL TAX ROAD, SOWCARPET, CHENNAI 600 079. PAN: AHUPD 8120D V. THE ITO, NON-CORPORATE WARD 5(4) CHENNAI. ( /APPELLANT) ( /RESPONDENT) & ./ ITA NO.: 3307/CHNY/2019 / ASSESSMENT YEAR: 2012-13 SHRI MITHALAL BHANMAL JAIN, 41, WALL TAX ROAD, SOWCARPET, CHENNAI 600 079. PAN: AFUPJ 4141G V. THE ITO, NON-CORPORATE WARD 5(3) CHENNAI. ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI GAUTAM SAMDARIYA, CA /RESPONDENT BY : SMT. R. ANITA, JCIT /DATE OF HEARING : 19.08.2021 /DATE OF PRONOUNCEMENT : 19.08.2021 / O R D E R PER G MANJUNATHA, AM: THESE APPEALS FILED BY DIFFERENT ASSESSEES ARE DIRECTED AGAINST ORDERS OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-5, CHENNAI 2 I.T.A. NOS.3300/CHNY/2019 & 3307/CHNY/2019 (VSVS) EVEN DATED 13.09.2019 / 18.09.2019 FOR ASSESSMENT YEARS 2011-12 & 2012-13. 2. AT THE OUTSET, WE FIND THAT THE APPEAL FILED BY THE ASSESSEE IN ITA NO.3307/CHNY/2019 IS 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 APPEAL 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 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 THE COUNSELS FOR THE ASSESSEES AND THE LD. DR AND ALSO PERUSED THE MATERIALS AVAILABLE ON RECORD. AT THE TIME OF HEARING, LEARNED COUNSELS FOR THE ASSESSEES HAVE FILED A LETTER ALONG WITH FORM NO.3 ISSUED BY THE DEPARTMENT UNDER VIVAD SE VISHWAS SCHEME, 2020 AND SUBMITTED THAT THE ASSESSEES HAVE AVAILED THE VSVS SCHEME TO SETTLE THEIR PENDING DISPUTES. THE LD.COUNSEL FOR THE ASSESSEES FURTHER SUBMITTED THAT THE DEPARTMENT HAS ACCEPTED APPLICATIONS FILED 3 I.T.A. NOS.3300/CHNY/2019 & 3307/CHNY/2019 (VSVS) BY THE ASSESSEES AND ISSUED FORM 3 QUANTIFYING AMOUNT OF TAXES PAYABLE UNDER VSVS SCHEME. THEREFORE, THE LD.COUNSEL FOR THE ASSESSEES SUBMITTED THAT THE ASSESSEES MAY BE PERMITTED TO WITHDRAW THE APPEALS. THE LD.DR ON THE OTHER HAND HAS NO OBJECTION FOR WITHDRAWING APPEALS FILED BY THE ASSESSEES. THEREFORE, CONSIDERING THE FACT THAT THE ASSESSEES HAVE FILED APPLICATION FOR WITHDRAWAL OF APPEALS AND HAVE ALSO FILED FORM 3 ISSUED BY THE DEPARTMENT, WE DISMISS THE APPEALS FILED BY THE ASSESSEES AS WITHDRAWN. HOWEVER, A LIBERTY IS GIVEN TO THE ASSESSEES TO RESTORE THE APPEALS, IN CASE THE APPLICATION FILED BY THE ASSESSEES BEFORE THE DESIGNATED AUTHORITY, IS REJECTED FOR ANY REASON. 4. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASSESSEES ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH AUGUST, 2021 AT CHENNAI. SD/- SD/- ( ) (V. DURGA RAO) / JUDICIAL MEMBER ( . ) (G. MANJUNATHA) /ACCOUNTANT MEMBER /CHENNAI, /DATED, THE 19 TH AUGUST, 2021 RSR 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. /GF.