DY. COMMISSIONER OF INCOME TAX, (INTL.TXN)-1, HYDERABAD vs. HSBC HOLDING PLC, LONDON

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ITA 337/HYD/2020Status: DisposedITAT Hyderabad29 November 2021AY 2013-144 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeals due to the pandemic. It then dismissed the Revenue's appeals as withdrawn because the assessee had availed the Vivad Se Viswas Scheme.

What were the facts?

The Revenue filed appeals against the CIT(A)'s order with a significant delay, which was attributed to the COVID-19 pandemic. The assessee subsequently opted for the Direct Tax Vivad Se Viswas Scheme, 2020.

What were the issues?

Whether the delay in filing the Revenue's appeals should be condoned and whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Viswas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C,Section 5(2),Section 6

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “B”: HYDERABAD

Before: SHRI SATBEER SINGH GODARA & SHRI LAXMI PRASAD SAHU

For Appellant: Shri Aman Jain
For Respondent: Shri Rohit Mujumdar, SR-AR, Shri Aman Jain
Hearing: 26/11/2021

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 :- 2 -: to 339/Hyd/2020 HSBC Holdings PLC, . 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.

:- 3 -: to 339/Hyd/2020 HSBC Holdings PLC, . 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 29th November, 2021.

Sd/- Sd/- (S.S. GODARA) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 29th November, 2021. kv

:- 4 -: to 339/Hyd/2020 HSBC Holdings PLC, .

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