SHRIMATI TARA MATI,JALANDHAR vs. INCOME TAX OFFICER, WARD-I(4), JALANDHAR

PDF · subscribers
ITA 333/ASR/2018Status: DisposedITAT Amritsar21 January 2021AY 2011-124 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal condoned the delay, considering the bonafide reasons and the assessee's participation in the Vivad se Vishwas Scheme. The appeals were then dismissed as withdrawn.

What were the facts?

The assessee filed appeals with a delay of nine days, attributing it to their original counsel forgetting to forward documents. The assessee had opted for the Vivad se Vishwas Scheme and sought withdrawal of the appeals.

What were the issues?

Whether the delay in filing the appeal should be condoned and whether the appeals should be dismissed as withdrawn due to opting for the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR

Before: SHRI. N. K. SAINI & SHRI N. K. CHOUDHRY

Hearing: 21/01/2021

Per N.K. Choudhry, Judicial Member:

1.

These appeals have been preferred by the assessee against the orders dated 22.02.2018 impugned herein passed by the Ld. CIT(A)-1, Jalandhar u/sec. 250(6) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") for the A.Y. 2011-12.

2.

The assessee has preferred an application dated 11.01.2021 under consideration for withdrawal of the appeals.

3.

At the outset, it was observed that there is delay of nine days in filing the instant appeals. The assessee has claimed that the appellate orders were handed over to the original counsel who forgotten to send the same along with relevant documents to Sh. Surinder Mahajan, CA for filing of appeals, which resulted into nine days delay in filing of the same. The assessee has already initiated the process to avail the benefits of Vivad se Vishwas Scheme under the Direct Tax Vivad se Vishwas Act, 2020 and willing to deposit the relevant taxes and therefore praying for condonation of delay.

Ld. DR raised no objection.

Considering the peculiar facts and circumstances and the affidavit submitted by the assessee, the delay seems to be bonafide. Even the assessee has opted for the Vivad se Vishwas Scheme and shall pay the relevant taxes and it is the public policy of India that litigation (s) must come to an end hence, we are inclined to condone the delay, consequently the delay of nine days in filing the appeals stand condoned.

4.

During the course of hearing, ld. AR for the assessee further submitted that since the assessee has availed the Vivad Se Vishwas Scheme and the Income Tax Department has issued Form No.3, dated 18.12.2020 in response to the applications, therefore appeals of the assessee may be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case any unforeseen circumstance(s) would arise in future.

5.

The Ld. DR raised no objection, if the appeals of the assessee are allowed to be dismissed as withdrawn.

6.

Having heard both the parties and perused the application for withdrawal of the appeals and Form No.3 (Copy already on record) issued by the Department. Considering the peculiar facts and circumstances of the case, the appeals of assessee are liable to be dismissed as withdrawn with liberty to seek recall of the order as prayed for in accordance with law, hence ordered accordingly.

7.

In the result, appeals of the assessee stands dismissed as withdrawn.

Order Pronounced in open Court on this 21st day of Jan., 2021.

Recent GST High Court judgments

Search GST case law →