Facts
The assessee preferred appeals against orders dated 25.09.2024 passed by the NFAC for AYs 2014-15 and 2020-21. There was a delay of 19 days in filing the appeals.
Held
The tribunal condoned the delay in filing the appeals. Since the assessee had taken steps to settle the dispute amicably through VSVS, 2024, the appeals were dismissed as withdrawn.
Key Issues
Whether the delay in filing the appeals should be condoned and whether the appeals should be dismissed as withdrawn due to amicable settlement.
Sections Cited
250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “C”, MUMBAI
Before: SHRI NARENDER KUMAR CHOUDHRYSMT RENU JAUHRI
These appeals have been preferred by the Assessee against the orders even dated 25.09.2024, impugned herein, passed by the National Faceless Appeal Center (NFAC), Delhi/ u/s 250 of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Ys. 2014-15 and 2020-21.
At the outset, we observe that there is a delay of 19 days in filing of both the appeals under consideration. Considering the delay as miniscule and the reasons stated by the Assessee to the effect “that due to inadvertent mistake and miscommunication, the appeals under consideration could not filed within the prescribed period which resulted into delay of 19 days, however, the Assessee is willing to settle the dispute amicably through VSVS 2024 and therefore it is prayed that the delay of 19 days may be condoned”, as bonafide and unintentional, the delay of 19 days in filing of the instant appeals is condoned.
As submitted by the Assessee that it is willing to settle the dispute amicably through VSVS, 2024 and in this regard has already filed respective applications in Form no.1 and ready to deposit the requisite amount to be determined by the Revenue Authority.
The Ld. D.R. did not refute the said claim of the Assessee.
In view of the above, as the Assessee has already taken positive steps for settling the dispute through VSVS, 2024 and willing to deposit the requisite amount on determination thereof by the Revenue Authority, thus the appeals under consideration are liable to be dismissed as withdrawn, however, with liberty to the parties to seek recall of this order, on non-settling the dispute finally.
Order pronounced in the open court on 30.05.2025.