Maredla Satya Murthy, opts to settle the dispute throgh Vivad Se vishwas scheme.

Last updated: 21 January 2021

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The Income Tax Appellate Tribunal has condoned a 66-day delay in filing an appeal by Maredla Satya Murthy. The delay was attributed to the assessee's travel abroad for personal reasons. Crucially, the assessee expressed an intention to resolve the dispute through the Vivad Se Vishwas scheme. Given this, and with no objection from the Revenue, the Tribunal admitted the appeal for further hearing.

Court :
ITAT Visakhapatnam

Brief :
This appeal was filed by the assessee against the order of the Principal Commissioner of Income Tax-1, Visakhapatnam u/s 263 of theAct dated 31.03.2019. The order was served on the assessee on08.04.2019 and the assessee filed the appeal before the Tribunal on 13.08.2019 with the delay of 66 days.

Citation :
I.T.A.No.510/Viz/2019

IN THE INCOME TAX APPELLATE TRIBUNAL,
VISAKHAPATNAM BENCH, VISAKHAPATNAM
(through web-based video conferencing platform)

BEFORE SHRI N.K.CHOUDHRY, JUDICIAL MEMBER &
SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER

I.T.A.No.510/Viz/2019
Assessment Year:2009-10)

Maredla Satya Murthy
C-32, LIC Flats
H.B.Colony Road
Visakhapatnam
[PAN :AAVPM1133B]
Appellant

Vs.

Pr.Commissioner of
Income Tax-1
Visakhapatnam
Respondent

Appellant by : Shri C.Kameswara Rao, CA
Respondent by : Smt.Suman Malik, DR

Date of Hearing : 23.12.2020
Date of Pronouncement : 23.12.2020

O R D E R

Per Shri D.S.Sunder Singh, Accountant Member :

This appeal was filed by the assessee against the order of the Principal Commissioner of Income Tax-1, Visakhapatnam u/s 263 of theAct dated 31.03.2019. The order was served on the assessee on08.04.2019 and the assessee filed the appeal before the Tribunal on 13.08.2019 with the delay of 66 days.

Condonation of delay

2. The assessee filed petition for condonation of delay explaining thatthe delay was due to his travel outside the country to attend the personalproblems. The assessee submitted that during the pendency ofproceedings, the assessee along with his wife went to USA and returned on 13.07.2019 and immediately after returning from USA, the appeal was filed. The assessee also enclosed the copy of the passport evidencing that he hasreturned on 13.07.2019. Further, the assessee intend to go for Vivad SeVishwas Scheme and pay the resulting taxes and settle the dispute.

3. The Ld.DR has no objection for condonation of delay.

4. We have heard both the parties. Since the assessee intends to go forVivad Se Vishwas Scheme and the reason given by the assessee forcondonation of delay appears to be reasonable, we are inclined to condonethe delay and admit the appeal of the assessee. Accordingly, appeal isadmitted and the case is posted for hearing on 24.02.2021. Since the dateis pronounced in the open court, no separate notice is required to be issued to both the parties.

5. In the result, the delay is condoned and the appeal is admitted for hearing.

Order pronounced in the open court on 23rd December, 2020.

Sd/- Sd/-
(N.K.CHOUDHRY) (D.S.SUNDER SINGH)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated : 23.12.2020
L.Rama, SPS

Copy of the order forwarded to:-
1.The Assessee–Maredla Satya Murthy, C-32, LIC Flats, H.B.Colony
Road,Visakhapatnam
2.The Revenue –Pr.Commissioner of Income Tax-1, Visakhapatnam
3.DR, ITAT, Visakhapatnam
4.Guard file

BY ORDER

Sr. Private Secretary
ITAT, Visakhapatnam

FAQ :

The appeal was filed by the assessee against an order passed by the Principal Commissioner of Income Tax-1, Visakhapatnam, under section 263 of the Act.

The delay of 66 days was due to the assessee travelling outside the country to attend to personal matters.

The assessee intends to settle the dispute through the Vivad Se Vishwas Scheme.

No, the Learned DR (Departmental Representative) had no objection to the condonation of delay.

The Tribunal condoned the delay and admitted the appeal for hearing, considering the assessee's intention to use the Vivad Se Vishwas Scheme and the reasonableness of the delay explanation.