M/S. SHREE LEASING & FINANCE LTD.,CUTTACK vs. ACIT,CIRCLE- 1(1), BHUBANESWAR

On perusal of the appeal record, we found that is barred by 3021 days. In this regard, ld. AR of the assessee has filed an application for condonation of delay along with an 2 ITA Nos.338/CTK/2019 &52/CTK/2020 affidavit stating therein the reasons behind the delay in filing the present appeal. On the other hand, ld. DR opposed to condone the delay in filing the appeal.

After hearing the rival submissions and perusing the application of the assessee stating the reasons for delay in filing the appeal, we are satisfied that the assessee was prevented by sufficient cause for not filing the appeal within the stipulated period causing delay of 3021 days. We, respectfully following the decision of Hon’ble Supreme Court in the case of Collector Land Acquisition Vs. Mst. Katiji & Ors., 167 ITR 471 (SC), condone the delay and appeal is heard finally.

At the outset, ld. AR of the assessee submitted that the assessee has duly filed the declarations in Form No.1 and Form No.2 and the Designated Authority has issued the certificate in Form No.3 as per Section 5(1) of the Scheme accepting the assessee’s declaration under the same Scheme. Ld. DR has no objection to the submission made by the ld. AR of the assessee in this regard.

On perusal of the documents placed on record of the Tribunal, especially the fact that the assessee has duly complied with the necessary requirement under the Vivad Se Vishwas Scheme, 2020, the permission as sought by the assessee, in both the appeals, is granted and both the appeals of the assessee are dismissed treating the same as withdrawn. We also make it clear that in a situation, if the grievance of the assessee for the year under consideration could not be resolved under 3 &52/CTK/2020 the Vivad Se Vishwas Scheme, then the assessee would be entitled to seek recall of this dismissal order by filing a miscellaneous application. 6. In the result, both appeals of the assessee are dismissed as withdrawn. Order pronounced in the open court on 02/02/ 2022. Sd/- Sd/- (ऩी.एम. जगताऩ) (सी.एम. गगग) (P.M.JAGTAP) (C.M.GARG) उऩाध्यक्ष न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 02/02/2022 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनिलऱपप अग्रेपषि/Copy of the Order forwarded to : 1. अऩीऱाथी / The Appellant- M/s Shree Leasing & Finance Ltd. Meria Bazar, Old Usha Co. Godown Campus, Baxi Bazar, Cuttack-753001 प्रत्यथी / The Respondent- 2. CIT, Bhubaneswar /ACIT, Circle-1(1), Bhubaneswar आयकर आयुक्त(अऩीऱ) / The CIT(A), 3. आयकर आयुक्त / CIT 4. ववभागीय प्रयतयनधध, आयकर अऩीऱीय अधधकरण, कटक / DR, 5. ITAT, Cuttack गार्ग पाईऱ / Guard file. 6. सत्यावऩत प्रयत //True Copy// आदेशािुसार/ BY ORDER,