2021 (4) TMI 1068 - AT - Income Tax

Condonation of delay - delay of 266 days in filing the appeal - HELD THAT - We find the reason for the delay was due to Post demerger activities between the assessee and its group companies and finalization of accounts of its listed companies during the relevant period due to which the assessee could not file the appeal within the stipulated time. Considering the same and since the assessee desires to avail the Vivad-se-Vishwas scheme for the A.Y. 2013-14, in the interest of justice, We hereby condone the delay of 266 days in filing the appeal before the Tribunal and proceed to hear the appeal. We are inclined to treat the instant appeal of the assessee as withdrawn relying on the decision of the Hon'ble High Court of Madras in the case of DCIT vs. M/s. Keyaram Hotels 2020 (11) TMI 142 - MADRAS HIGH COURT . Accordingly, we hereby dismiss the instant appeal of the assessee for the A.Y. 2013-14 as withdrawn. However, we also make it clear that, if the assessee's case is not accepted in the Vivad-se-Vishwas Scheme by the Revenue for whatsoever may be reason on a subsequent date, then the assessee shall be at liberty to file Miscellaneous Petition before the Tribunal within the time limit prescribed under the Act to reinstate its appeal.

Summary

Issues: Delay in filing appeal before the Tribunal, Condonation of delay, Vivad-se-Vishwas scheme

Delay in filing appeal before the Tribunal:
The appeal was filed by the assessee against the order of the Ld. CIT(A)-1, Hyderabad for the A.Y. 2013-14, with a delay of 266 days. The assessee explained the reasons for the delay in an affidavit, citing post demerger activities, finalization of accounts, and other compliance activities as the causes for missing the appeal deadline. The Tribunal, after reviewing the affidavit, accepted the reasons provided and condoned the delay in the interest of justice, allowing the appeal to be heard.

Condonation of delay:
The Tribunal considered the reasons presented by the assessee for the delay in filing the appeal, which included post demerger activities and compliance with statutory requirements. The Tribunal found the explanations valid and decided to condone the delay of 266 days, enabling the appeal to proceed. It was noted that the assessee had a clean compliance record in the past and had promptly taken steps to file the appeal upon realizing the oversight.

Vivad-se-Vishwas scheme:
The assessee expressed the intention to avail the 'Vivad Se Viswas' scheme for the A.Y. 2013-14. The Tribunal, after hearing both parties, decided to treat the appeal as withdrawn, following the decision of the Hon'ble High Court of Madras in a similar case. The assessee was given liberty to restore the appeal if the decision on the declaration filed under the VVS scheme was not in their favor. The Tribunal directed the assessee to file the necessary form for the scheme by a specified date and dismissed the appeal as withdrawn, with the provision for reinstatement if the VVS scheme application was not accepted by the Revenue in the future.

This comprehensive analysis of the judgment covers the issues of delay in filing the appeal before the Tribunal, the condonation of delay, and the application of the Vivad-se-Vishwas scheme in a detailed manner, preserving the legal terminology and significant details from the original text.