Bitscape IT Solutions Pvt. Ltd., Ahmedabad V. ITO, Ward-1(2), Ahmedabad

ITA 530/AHD/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1794 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 16-03-2020
• Assessment Year: 2010-2011
• Appeal Filed On: 07-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R R MAKWANA
• Assessee Lawyers: S N DIVATIA
• Keywords: Condonation of delay; Set aside
• Section: 143(3)

Judgement Text

, B IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SMT. MADHUMITA ROY, JUDICIAL MEMBER ./ I.T.A. NO. 530/AHD/2018 ( ASSESSMENT YEAR : 2010-11) BITSCAPE IT SOLUTIONS PVT. LTD. 701, ANAND MANGAL III, OPP. APPOLLO HOSPITAL, AMBAWADI, AHMEDABAD / VS. ITO WARD -1(2), PRATYAKSH KAR BHAWAN, AMBAWADI, AHMEDABAD ./ ./ PAN/GIR NO. : AACCB3831B ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI S. N. DIVATIA, A.R. / RESPONDENT BY : SHRI R. R. MAKWANA, SR.D.R. DATE OF HEARING 21/12/2021 !'# / DATE OF PRONOUNCEMENT 23/02/2021 / O R D E R PER MADHUMITA ROY - JM: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF I NCOME TAX (APPEALS)-1, AHMEDABAD, (CIT(A) IN SHORT), DATED 27.03.2015 ARISING IN THE ASSESSMENT ORDER DATED 22.03.2013 PA SSED BY THE ASSESSING OFFICER (AO) UNDER S. 143(3) OF THE INCOM E TAX ACT, 1961 (THE ACT) CONCERNING AY 2010-11. ITA NO.530/AHD/18 [BITSCAPE IT SOLUTIONS PVT. LTD. VS. ITO] A.Y. 2010-11 - 2 - 2. THE CAPTIONED ASSESSEE HAS SOUGHT TO WITHDRAW TH E APPEAL LISTED ABOVE ON THE GROUND THAT ASSESSEE HAS OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). WHEN THE MATTER WAS CALLED FOR HEARING, THE LD. COUNSELS FOR THE ASSESS EE AT THE OUTSET HAS SUBMITTED THAT HE DOES NOT SEEK TO PURSUE THE SAID APPEAL OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND CONS EQUENTLY REQUESTED THAT HIS APPLICATION FOR WITHDRAWAL OF AP PEAL MAY PLEASE BE GRANTED. REFERENCE WAS ALSO MADE TO WRITTEN REQ UEST IN THIS REGARD. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. WE HAVE TAKEN NOTE OF THE DELAY IN CAPTIONED APP EAL OF 955 DAYS IN FILING APPEAL BEFORE THE TRIBUNAL. AS PER A PPLICATION FOR CONDONATION OF DELAY UNDER S.253(6) OF THE ACT IN T HE FORM OF SWORN AFFIDAVIT DATED 22.02.2020, THE ASSESSEE HAS PLEADE D INTERNAL DISPUTES BETWEEN THE DIRECTORS WHICH BROUGHT THE BU SINESS TO THE GRINDING HALT AS A PRIMARY REASON FOR LAPSE IN PURS UING THE APPEAL. IN SUPPORT OF SUCH ASSERTIONS, A REFERENCE HAS BEEN MADE TO CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE FIR/ORD ER) NO. 17310 OF 2015 DATED 22.09.2015 BETWEEN KARTIK RAJNIKANT SHAH & 2 VS. STATE OF GUJARAT & 1. THE ASSESSEE HAS ALSO FILED CHRONOLOGY OF EVENTS RELATING TO DISPUTE BETWEEN THE DIRECTORS IN FURTHER SUPPORT. SUFFICE IT TO SAY THAT THE ASSERTIONS MADE IN THE A FFIDAVIT ARE BROADLY CORROBORATED. THE REVENUE HAS ALSO NOT SHOWN EXIST ENCE OF ANY FALSE ASSERTIONS. IN THE CIRCUMSTANCES, WE ARE CON VINCED THAT REASONS DID EXIST WHICH RESULTED IN INADVERTENT DEL AY AS PLEADED. HENCE, TAKING INTO CONSIDERATION THE LARGER INTERES T OF THE ASSESSEE SEEKING TO AVAIL THE ONGOING VSV SCHEME, 2020, WE F IND THAT ITA NO.530/AHD/18 [BITSCAPE IT SOLUTIONS PVT. LTD. VS. ITO] A.Y. 2010-11 - 3 - CONDONATION OF DELAY WOULD NOT PREJUDICE THE INTERE ST OF REVENUE IN ANY MANNER. HENCE, WITHOUT GOING INTO THE MERIT OF THE PRAYER, THE DELAY IS CONDONED. THE ASSESSEE THUS IS BE AT LIBE RTY TO AVAIL THE BENEFIT OF VSV SCHEME. 5. IN THE LIGHT OF ORAL/WRITTEN REQUEST MADE ON BEH ALF OF THE ASSESSEE, THE CAPTIONED APPEAL IS DISMISSED AS WITH DRAWN. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEF IT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERN ED WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 6. IN THE RESULT, THE APPEAL OF ASSESSE IS DISMISSE D AS WITHDRAWN. SD/- SD/- (PRADIP KUMAR KEDIA) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEM BER AHMEDABAD: DATED 23/02/2021 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE (. )*+ , / CONCERNED CIT 4. ,- / CIT (A) /. 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7. 289 : / GUARD FILE. BY ORDER / 4 /5 *+#4 56) THIS ORDER PRONOUNCED IN OPEN COURT ON 23/02/ 2021