Srinivasa Finance Corporation, Ongole V. Income Tax Officer, Ward-3, Ongole

ITA 881/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6149 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2010-2011
• Appeal Filed On: 07-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO. 881 /H/201 8 A SSESSMENT Y EAR : 20 1 0 - 11 SRINIVASA FINANCE CORPORATION, ONGOLE. PAN A AHFS 9940 E VS. INCOME - TAX OFFICER, WARD - 3, ONGOLE. (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE REVENUE BY: S HRI ROHIT MUJUMDAR DATE OF HEARING: 08 /0 4 /2021 DATE OF PRONOUNCEMENT: 21 / 0 4 /2021 O R D E R PER BENCH: T H IS APPEAL FILED BY THE ASSESSEE FOR AY 20 1 0 - 11 IS DIRECTED AGAINST CIT (A) 1 GUNTUR S ORDER DATED 08 / 0 1 /201 8 INVOLVING PROCEEDINGS U/S 14 3 (3) RWS 263 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2. WE NOTICE AT THE OUTSET THAT ASSESSEES INSTANT APPEAL SUFFERS FROM 02 DAYS DELAY IN FILING AND T O THIS EFFECT, THE ASSESSEE FILED PETITION FOR CONDONATION STATING THEREIN THAT THE ASSESSEE WRONGLY FILED THE APPEAL BEFORE THE ITAT, ITA NO. 881/ HYD/ 20 1 8 M/S SRINIVASA FINANCE CORPORATION , HYD. : - 2 - : VISAKHAPATNAM UNDER WRONG IMPRESSION OF THE JURISDICTION AND LATERON THE ITAT, VISAKHAPATNAM VERIFIED THE JURISDICTION AN D TRANSFERRED THE FILE TO ITAT, HYDERABAD, WHICH CAUSED THE IMPUGNED DELAY IN FILING OF THE INSTANT APPEAL. 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 ASSESSEES IMPUGNED DELAY OF 2 DAYS IS NEITHER INTENTIONAL NO R DELIBERATE BUT DUE TO THE CIRCUMSTANCES BEYOND ITS CONTROL. THE SAME STANDS CONDONED. CASE IS NOW TAKEN UP FOR ADJUDICATION ON MERITS. 3 . NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING. HOWEVER, ON PERUSAL OF RECORD, WE FIND THAT THE A SSESSEE FILED A LETTER DATED 23/02/2021 STATING THEREIN THAT THE ASSESSEE DESIRE S TO AVAIL VIVAD SE VISWAS SCHEME AND FILED FORM NO. 1 BEFORE THE DEPARTMENT ON 22/01/2021 AND EXPECTING FORM NO. 3 FROM CIT. 3. THE LD. DR SUBMITTED THAT IF THE ASSESSEE DESIRE S TO AVAIL THE VIVAD SE VISHWAS SCHEME , 2020 THE REVENUE HAS NO OBJECTION. ITA NO. 881/ HYD/ 20 1 8 M/S SRINIVASA FINANCE CORPORATION , HYD. : - 3 - : 4. HAVING HEARD BOTH THE PARTIES, THROUGH VIDEO CONFERENCE, WE ARE INCLINED TO TREAT THE INSTANT APPEAL OF THE ASSESSEE AS WITHDRAWN RELYING ON THE DECISION OF THE HONBLE HIGH COURT OF MADRAS IN THE CASE OF DCIT VS. M/S. KEYARAM HOTELS P. LTD IN T.C.A. NO. 694 OF 2019, DATED 13/10/2020 WH EREIN IT WAS HELD AS UNDER: - 3. THE LEARNED COUNSEL FOR THE RESPONDENT / ASSESSEE, ON INSTRUCTIONS, SUBMITTED THAT THE RESPONDENT / ASSESSEE INTENDS TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME (VVS SCHEME FOR BREVITY) AND IN THIS REGARD, THE ASSESSEE IS TAKING STEPS TO FILE THE APPLICATION / DECLARATION IN FORM NO.1. . .. 7. AS OBSERVED, THE ASSESSEE IS GIVEN LIBERTY TO RESTORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT IN FAVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE, THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION, THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. 8. IN THE LIGHT OF THE ABOVE, WE DIRECT THE RESPONDENT / ASSESSEE TO FILE FORM NO.1 ON OR BEFORE 09/11/2020 AND THE CO MPETENT AUTHORITY HTTP://WWW.JUDIS.NIC.IN5/6 T.C.A.NO.694 OF 2019. ACCORDINGLY, W E HEREBY DISMISS THE INSTANT APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, WE ALSO MAKE IT CLEAR THAT, IF THE ASSESSEE S CASE IS NOT ACCEPTED IN THE VIVAD - SE - VISHWAS SCHEME BY THE REVENUE FOR WHATSOEVER MAY BE REASON ON A ITA NO. 881/ HYD/ 20 1 8 M/S SRINIVASA FINANCE CORPORATION , HYD. : - 4 - : SUBSEQUENT DATE, THEN THE ASSESSEE SHALL BE AT LIBERTY TO FILE MISCELLANEOUS PETITION BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINST ATE HIS APPEAL. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 2 1 ST APRIL, 2021 . SD/ - SD/ - (S . S . G ODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 21 ST APRIL , 20 2 1 . KV C OPY TO : 1 M/S SRINIVASA FINANCE CORPORATION, C/O I.K. GUPTA & COMPANY, D.NO. 37 - 1 - 171, 4THJ FLOOR, GUPTHAS GRANT, KURNOOL ROAD, ONGOLE 523 002. 2 IT O , WARD 3, ONGOLE. 3 CIT( A) - 1 , GUNTUR 4 PR. CIT, GUNTUR 5 ITAT, DR, HYDERABAD 6 GUARD FILE.