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

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.

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

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 counsel for the assessee submitted that these three appeals filed by the assessee may be dismissed as withdrawn.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of appeals and has also filed Form 3 issued by the Department, we dismiss these three appeals filed by the assessee as withdrawn.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.