M/S. VMA SHIVALAYAM KAILAYAM TRUST,SALEM vs. ITO, EXEMPTIONS WARD, SALEM

2 & 308/Chny/2020 (VSVS) 2. At the outset, we find that the appeal filed by the assessee in is time barred by limitation for which necessary petition for condonation of delay along with affidavit explaining the reasons for the delay has been filed. The ld. counsel submitted that assessee could not file appeal within the time allowed under the Act, therefore delay may be condoned. Having heard both sides and considered the petition filed by the assessee for condonation of delay, we are of the considered view that reason given by assessee for not filing the appeal 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 appeal is condoned and appeal filed by the assessee is admitted for adjudication.

We have heard the counsels for the assessees and the ld. DR and also perused the materials available on record. At the time of hearing, learned counsels for the assessees have filed a letter along with Form No.3 issued by the Department under ‘Vivad se Vishwas Scheme, 2020’ and submitted that the assessees have availed the VSVS scheme to settle their pending disputes. The ld.counsels for the assessees further submitted that the Department has accepted applications filed by the assessees and issued Form 3 quantifying amount of taxes payable under VSVS scheme. Therefore, the ld.counsels for the assessees submitted that the assessees may be permitted to withdraw

In the result, all the appeals filed by the assessees are dismissed as withdrawn.