Maredla Satya Murthy, Visakhapatnam V. The Principal Commissioner of Income Tax, , Visakhapatnam

ITA 510/VIZ/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0545 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 13-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Assessee Lawyers: C KAMESWARA RAO
• Keywords: Condonation of delay
• Section: 263

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM (THROUGH WEB - BASED VIDEO CONFERENCING PLATFORM) , . . , BEFORE SHRI N.K.CHOUDHRY, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER ./ I.T. A.NO. 510 /VIZ/20 19 ( / A SSESSMENT Y EAR : 20 09 - 10 ) MAREDLA SATYA MURTHY C - 32, LIC FLATS H.B.COLONY ROAD VISAKHAPATNAM [PAN :A AVPM1133B ] VS . PR .COMMISSIONER OF INCOME TAX - 1 VISAKHAPATNAM ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI C.KAMESWARA RAO, CA / RESPONDENT BY : S MT.SUMAN MALIK, DR / DATE OF HEARING : 2 3 . 1 2 .2020 / DATE OF PRONOUNCEMENT : 2 3 . 1 2 .2020 / O R D E R P ER SHRI D.S.SUNDER SINGH, ACCOUNTANT MEMBER : TH IS APPEAL WA S FILED BY THE ASSESSEE AGAINST THE ORDER OF THE PRINCIPAL COMMISSIONER OF INCOME TAX - 1 , VI SAKHAPATNAM U/S 263 OF THE A CT DATED 31 .0 3 .201 9 . THE ORDER WAS SERVED ON THE ASSESSEE ON 08.04.2019 AND THE ASSESSEE FILED THE APPEAL BEFORE THE TRIBUNAL ON 13.08.2019 WITH THE DELAY OF 66 DAYS . 2 I.T.A. NO . 510 /VIZ/20 19 , A.Y.20 09 - 10 MAREDLA SATYA MURTHY , VISAKHAPATNAM CONDONATION OF DELAY 2. THE ASSESSEE FILED PETITION FOR CONDONATION OF DELAY EXPLAINING THAT THE DELAY WAS DUE TO HIS TRAVEL OUTSIDE THE COUNTRY TO ATTEND THE PERSONAL PROBLEMS. THE ASSESSEE SUBMITTED THAT DURING THE PENDENCY OF PROCEEDINGS, THE ASSESSEE ALONG WITH HIS WIFE WENT TO USA AND RETURNED ON 13.07.2019 AND IMMEDIATELY AFTER RETURNING FROM USA , THE APPEAL WAS FILED. THE ASSESSEE ALSO ENCLOSED THE COPY OF THE PASSPORT EVIDENCING THAT HE HAS RETURNED ON 13.07.2019. FURTHER, THE ASSESSEE INTEND TO GO FOR VIVAD SE VISHWAS SCHEME AND PAY THE RESULTING TAXES AND SETTLE THE DISPUTE. 3. THE LD.DR HAS NO OBJECTION FOR CONDONATION OF DELAY. 4. WE HAVE HEARD BOTH THE PARTIES. SINCE THE ASSESSEE INTENDS TO GO FOR VIVAD SE VISHWAS SCHEME AND THE REASON GIVEN BY THE ASSESSEE FOR CONDONATION OF DELAY APPEARS TO BE REASONABLE, WE ARE INCLINED TO CONDONE THE DELAY AND ADMIT THE APPEAL OF THE ASSESSEE. ACCORDI NGLY, APPEAL IS ADMITTED AND THE CASE IS POSTED FOR HEARING ON 24.02.2021. SINCE THE DATE IS PRONOUNCED IN THE OPEN COURT, NO SEPARATE NOTICE IS REQUIRED TO BE ISSUED TO BOTH THE PARTIES. 5 . IN THE RESULT, THE DELAY IS CONDONED AND THE APPEAL IS ADMITTED FOR HEARING. 3 I.T.A. NO . 510 /VIZ/20 19 , A.Y.20 09 - 10 MAREDLA SATYA MURTHY , VISAKHAPATNAM ORDER PRONOUNCED IN THE OPEN COURT ON 2 3 RD DECEMBER , 2020. S D/ - S D/ - ( ) ( . . ) ( N.K.CHOUDHRY ) ( D.S.SUNDER SINGH) /JUDICIAL MEMBER / ACCOUNTANT MEMBER /DATED : 23 .12.2020 L.RAMA, SPS / COPY OF THE ORDER FORWARDED TO : - 1 . / THE ASSESSEE MAREDLA SATYA MURTHY, C - 32, LIC FLATS, H.B.COLONY ROAD,VISAKHAPATNAM 2 . / THE REVENUE PR.COMMISSIONER OF INCOME TAX - 1, VISAKHAPATNAM 3 . , , / DR, ITAT, VISAKHAPATNAM 4 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM