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

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.

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.

In the result, Revenue’s appeals are dismissed in above terms. A copy of this common order be placed in the respective case files.