Soft Point Technologies Private Limited (Formerly known as Color Chips Animation Park Limited), Hyderabad V. Income Tax Officer, Ward-3(4) , Hyderabad

ITA 88/Hyd/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8824 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 1 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 17-03-2021
• Assessment Year: 2005-2006
• Appeal Filed On: 24-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c); 143(3); 201; 22

Judgement Text

ITA NOS. 1164/H/18 AND 88/HYD/2020 AY 2005 - 06 M/S SOFTPOINT TECHNOLOGIES P LTD. 1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH : HYDERABAD (THROUGH VIDEO CONFERENC E ) BEFORE S HRI S.S. GODARA, JUDICIAL MEMBER A ND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 1164 /HYD./ 201 8 ASSESSMENT YEAR: 20 05 - 06 M/S SOFTPOINT TECHNOLOGIES PVT.LTD. VS. DY.CIT, CENTRAL CIRCLE 5 (SUCCESSOR CO. TO M/S SHARE GLOBAL (NOW WITH ITO, WARD 3(3)) INFORMATICS LTD. (BY A MERGER OF HC) HYDERABAD WHICH WAS EARLIER KNOWN AS M/S COLOR CHIPS ANIMAT ION PARK LTD.) HYDERABAD. [ PAN: AA FCS2010N ] ITA NO. 88 /HYD./20 20 ASSESSMENT YEAR: 2005 - 06 M/S SOFTPOINT TECHNOLOGIES PVT.LTD. VS. ITO, WARD 3(3) ( FORMERLY KNOWN AS HYDERABAD M/S COLOR CHIPS ANIMATION PARK LTD.) HYDERABAD. [PAN: AA BCC4664J ] (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI A.V. RAGHU RAM, A.R. FOR REVENUE : SH. ROHIT MUZUMDAR, D.R. DATE OF HEARING : 17 /0 2 / 202 1 DATE OF PRONOUNCEMENT : 22 / 03 /202 1 O R D E R PER BENCH TH ESE ASSESSEES APPEAL S; FOR AY 2005 - 06 , ARE DIRECTED AGAINST THE CIT(A) - 5 AND CIT(A) - 3 HYDERABADS ORDER S DATED 31.01.2017 IN CASE NO.0201/16 - 17 ; AND DATED 18.11.2019 IN CASE NO. 10032/18 - 19 IN PROCEEDINGS U/S 143(3) AND U/S 271(1)(C) OF THE ACT INCOME TAX ACT, 1961 (IN SHORT THE ACT) RESPECTIVELY . HEARD BOTH THE PARTIES. CASE FILES PERUSED. ITA NOS. 1164/H/18 AND 88/HYD/2020 AY 2005 - 06 M/S SOFTPOINT TECHNOLOGIES P LTD. 2 2. I T IS BROUGHT TO OUR NOTICE A T THE OUTSET, THAT THERE IS A DELAY OF 409 DAYS IN FILING THE APPEAL ITA 1164/H/18 . THE ASSESSEE SUBMITTED AN AFFIDAVIT /PETITION PRAYING FOR CONDONATION THEREOF AS UNDER: ITA NOS. 1164/H/18 AND 88/HYD/2020 AY 2005 - 06 M/S SOFTPOINT TECHNOLOGIES P LTD. 3 ITA NOS. 1164/H/18 AND 88/HYD/2020 AY 2005 - 06 M/S SOFTPOINT TECHNOLOGIES P LTD. 4 ALL THESE SOLEMN AVERMENTS, WHICH HAVE GONE UNREBUTTED FROM THE REVENUE SIDE, DO SUGGEST THAT THE IMPUGNED DELAY IS ON ACCOUNT OF REASONS BEYOND ASSESSEES CONTROL. WE QUOTE COLLECTOR LAND ACQUISITION VS. MST KATIJI AND ANR 1987 AIR 1353 (SC) AND UNIVERSI TY OF DELHI VS. UNION OF INDIA CIVIL APPEAL NO. 9488 AND 9489/2019 DATED 17.12.2019 DATED 17.12.2019 (SC) HELD THAT SUCH A DELAY WHICH IS EXPLAINED BY COGENT REASONS MAKE WAY FOR THE CAUSE OF SUBSTANTIAL JUSTICE. THE SAME STANDS CONDONED THEREFORE. 3 . WE ARE NEXT INFORMED DURING THE COURSE OF HEARING FROM THE ASSESSEES' SIDE THAT IT HAS FILED FOR SETTLEMENT BENEFIT UNDER THE 'DIRECT TAX VIVAD SE VISWAS . SCHEME - 2020' IN PRESCRIBED FORM NO.1 & 2 AND FORM(S) - 3 DATED 04.02.2021 IN TUNE THERETO; ALSO STA ND ISSUED. 4 . THE ASSESSEES' SOLE IDENTICAL PLEA IN ALL THESE CASES IS THAT SINCE THE DEPARTMENT IS YET TO FINALISE THE SETTLEMENT IN TUNE WITH FORM(S) - 3 ISSUED UNDER THE SCHEME, THESE APPEALS MAY NOT BE DISMISSED AS WITHDRAWN AS ON DATE. WE FIND NO MERIT IN ASSESSEES' CONTENTIONS PER SE. THE FACT REMAINS THAT THEY HAVE ALREADY BEEN ISSUED FORM(S) - 3, NO PURPOSE WOULD BE SERVED IF ALL THESE CASES ARE KEPT PENDING. WE THEREFORE ORDER THAT THESE APPEALS BE TREATED AS DISMISSED AS WITHDRAWN WITH A RIDER T HAT IT SHALL BE VERY MUCH OPEN FOR ALL ASSESSEES TO FILE FOR REVIVAL OF THESE CASES, IF THE SETTLEMENT BENEFIT UNDER THE SCHEME IS DENIED TO THEM FOR TECHNICAL REASONS. THIS ASSESSEES BOTH APPEALS ARE DISMISSED AS WITHDRAWN IN ABOVE TERMS. A COPY OF TH IS COMMON ORDER BE PLACED IN THE RESPECTIVE CASE FILES. ORDER PRONOUNCED IN OPEN COURT ON 22 /03/2021 . S D/ - SD/ - (L.P. SAHU ) ( S.S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 22 N D MARCH, 2021 *GMV ITA NOS. 1164/H/18 AND 88/HYD/2020 AY 2005 - 06 M/S SOFTPOINT TECHNOLOGIES P LTD. 5 COPY OF ORDER FORWARDED TO: 1. (I) M/S COLOR CHIPS ANIMATION PARK LTD., (NOW KNOWN AS M/S SOFTPOINT TECHNOLOGIES PVT.LTD., ) C/O K.VASANTKUMAR, A.V.RAGHURAM & PVINOD, ADVOCATES, 610, BABUKHAN ESTATE, BASHEERBAGH HYDERABAD - 1 2. ITO, WARD 3(3), HYDERABAD . 3. ACIT, RANGE 3 , HYDERABAD 4. C IT( A ) CONCERNED , HYDERABAD . 5 . PR.CIT CONCERNED, , HYDERABAD 6 D.R. ITAT HYDERABAD 7 . GUARD FILE