Dy. Commissioner of Income Tax , (Intl.Txn)-1, Hyderabad V. HSBC Holding PLC, London

ITA 336/Hyd/2020

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 7416 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2012-2013
• Appeal Filed On: 28-06-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 6; 143(3); 5(2); 144C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “B”: HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SH RI SAT B EER S INGH GO DA RA, JU DI CIA L MEMBE R and SHR I L AXMI PR AS A D SAHU , A C COUNTA NT MEMBER ITA Nos. 336, 337, 338 & 339/Hyd/2020 Assessment Years: 2012-13, 2013-14, 2014-15 & 2015-16 Dy. Commissioner of Income-tax (International Taxation) – 1, Hyderabad. Vs. Vs. HSBC Holdings PLC, London PAN – AACCH 4292A (Appellant) (Respondent) Revenue by: Shri Rohit Mujumdar, SR-AR Assessee by: Shri Aman Jain Date of hearing: 26/11/2021 Date of pronouncement: 29 /11/2021 O R D E R PER BENCH: These appeals filed by the Revenue for AYs 2012-13 to 2015-16 are directed against CIT(A) – 10, Hyderabad’s, common order, dated 14/02/2020 involving proceedings u/s 143(3) r.w.s. 144C of the Income Tax Act, 1961 ; in short “the Act”. 2. We notice at the outset that Revenue’s instant appeals suffer from 163 days delay in filing before the ITAT. To ITA Nos. 336 to 339/Hyd/2020 H S B C H o l d i n g s P L C , . :- 2 -: this effect, the revenue filed an affidavit for condonation of delay wherein it was, inter-alia, affirmed that due to the Global pandemic Covid-19 at the relevant point of time, caused the impugned delay in filing of the instant appeals. Case law Collector Land Acquisition vs Mst. Katiji & Ors, 1987 AIR 1353 (SC) and University of Delhi Vs. Union of India, 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 Revenue’s impugned delay is neither intentional nor deliberate but due to the circumstances beyond its control. The same stands condoned. Cases are now taken up for adjudication on merits. 3. At the outset, the ld. DR submitted that the assessee has opted to avail the benefit under the ‘Direct Tax Vivad Se Viswas Scheme-2020’ and to this effect, furnished Form 5 issued by the Designated Authority u/s 5(2) read with section 6 of the VSV Act for AYs 2012-13 to 2015-16 to submit that the assessee has availed Vivad Se Viswas Scheme, 2020 in prescribed Form No.1 & 2 and received Form(s)-3 in tune thereto. He, therefore, requested the Bench to permit to withdraw these appeals of the Revenue. ITA Nos. 336 to 339/Hyd/2020 H S B C H o l d i n g s P L C , . :- 3 -: 4. Having regard to the facts and circumstances of the case, we are inclined to dismiss the appeals of the Revenue as withdrawn since the assessee has availed Vivad-se- Vishwas Scheme and filed the documentary evidence cited supra in tune thereto, with a rider that it shall be very much open for the Revenue to file for revival of these cases, if the settlement benefit under the scheme is denied to the assessee for technical reasons. 5. In the result, Revenue’s appeals are dismissed in above terms. A copy of this common order be placed in the respective case files. Pronounced in the open court on 29 th November, 2021. Sd/- Sd/- (S.S. GODARA) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 29 th November, 2021. kv ITA Nos. 336 to 339/Hyd/2020 H S B C H o l d i n g s P L C , . :- 4 -: copy to : S.No. Details Date 1 Draft dictated on 2 Draft placed before author 3 Draft proposed & placed before the Second Member 4 Draft discussed/approved by Second Member 5 Approved Draft comes to the Sr. PS/PS 6 Kept for pronouncement 7 File sent to Bench Clerk 8 Date on which the file goes to Head Clerk 9 Date on which file goes to A.R. 10 Date of Dispatch of order 1 DCIT – 1(International Taxation), 5 th floor, Aayakar Bhavan, Basheerbagh, Opp. LB Stadium, Hyderabad – 500004 2 HSBC Holdings PLC, C/o SRBC & Associates LLP, 17 th Floor, The ruby, 29 Senapati Bapat Marg., Dardar (West), Mumbai. 3 CIT(A) – 10, Hyderabad 4 CIT (IT & TP), Hyderabad 5 ITAT, DR, Hyderabad 6 Guard File.