BITSCAPE IT SOLUTIONS PVT. LTD.,AHMEDABAD vs. ITO, WARD-1(2),, AHMEDABAD

The captioned assessee has sought to withdraw the 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 assessee 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 consequently requested that his application for withdrawal of appeal may please be granted. Reference was also made to written request in this regard.

The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeals in the circumstances narrated on behalf of the assessee.

We have taken note of the delay in captioned appeal of 955 days in filing appeal before the Tribunal. As per application for condonation of delay under s.253(6) of the Act in the form of sworn affidavit dated 22.02.2020, the assessee has pleaded internal disputes between the Directors which brought the business to the grinding halt as a primary reason for lapse in pursuing the appeal. In support of such assertions, a reference has been made to Criminal Misc. Application (For quashing & set aside FIR/Order) 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 affidavit are broadly corroborated. The Revenue has also not shown existence of any false assertions. In the circumstances, we are convinced that reasons did exist which resulted in inadvertent delay as pleaded. Hence, taking into consideration the larger interest of the assessee seeking to avail the ongoing VSV Scheme, 2020, we find that [Bitscape IT Solutions Pvt. Ltd. vs. ITO] A.Y. 2010-11 - 3 - condonation of delay would not prejudice the interest of Revenue in any manner. Hence, without going into the merit of the prayer, the delay is condoned. The assessee thus is be at liberty to avail the benefit of VSV Scheme.

In the light of oral/written request made on behalf of the assessee, the captioned appeal is dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the assessee concerned will be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law.

In the result, the appeal of assesse is dismissed as withdrawn.