M.SANKARAPANDIAN,PULIANGUDI vs. ACIT CENTRAL CIRCLE-1, MADURAI

PDF · subscribers
ITA 253/CHNY/2020Status: DisposedITAT Chennai04 October 2021AY 2015-163 pages

In favour of the Revenue: the assessee'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. Subsequently, the assessee sought to withdraw the appeals as they had opted for the 'Vivad se Vishwas Scheme' to settle the disputes.

What were the facts?

The assessee filed three appeals against orders of the CIT(A) for assessment years 2010-11, 2012-13, and 2015-16. The appeals were filed with a delay of 48 days.

What were the issues?

Whether the delay in filing the appeals should be condoned and whether the appeals should be dismissed as withdrawn due to opting for the 'Vivad se Vishwas Scheme'.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI V.DURGA RAO & SHRI G.MANJUNATHA

Hearing: 04.10.2021

PER BENCH: These three appeals filed by the assessee are directed against separate, but identical orders passed by the learned CIT(A)-19, Chennai, all dated 20.09.2019 and pertain to assessment years 2010-11, 2012-13 & 2015-16 respectively.

2.

At the outset, we find that these three appeals filed by the assessee are time barred by 48 days for which necessary petition along with affidavit for condonation of delay explaining reasons for the delay has been filed. The learned AR for the assessee submitted that assessee could not file appeals within the time allowed under the Act, therefore delay may be condoned. Having heard both the sides and considered the petition along with affidavit filed by the assessee for condonation of delay, we are of the considered view that reasons given by assessee for not filing these appeals within the time allowed under the Act comes under reasonable cause as provided under the Act for condonation of delay and hence, delay in filing of above appeals are condoned and appeals filed by the assessee are admitted for adjudication.

3.

We have heard learned counsel for the assessee and learned DR and also perused the materials available on record.

1.

At the time of hearing, learned counsel for the assessee has filed Form No.3 issued by the Department under ‘Vivad se Vishwas Scheme, 2020’ and submitted that the assessee has availed the VSVS scheme to settle its pending disputes. The ld. counsel for the assessee further submitted that the Department has accepted applications filed by the assessee and issued Form 3 quantifying amount of taxes payable under VSVS scheme. Therefore, the ld. counsel for the assessee submitted that these three appeals filed by the assessee may be dismissed as withdrawn. The ld. DR, on the other hand, has no objection for dismissing these appeals as the Designated Authority has issued Form 3. Therefore, considering the fact that the assessee has filed application for withdrawal of appeals and has also filed Form 3 issued by the Department, we dismiss these three appeals filed by the assessee as withdrawn. However, a liberty is given to the assessee to restore the appeals, in case the application filed by the assessee before the Designated Authority, is rejected for any reason.

Latest GST High Court judgments

Search GST case law →