Punjab State Bus Stand Management Co. Ltd., Chandigarh v. ACIT, C-2(1), Chandigarh

ITA 1484/CHANDI/2019 | 2015-2016
Pronouncement Date: 03-03-2021 | Result: Dismissed

Appeal Details

RSA Number 148421514 RSA 2019
Assessee PAN AADCP0762G
Bench Chandigarh
Appeal Number ITA 1484/CHANDI/2019
Duration Of Justice 1 year(s) 3 month(s) 14 day(s)
Appellant Punjab State Bus Stand Management Co. Ltd., Chandigarh
Respondent ACIT, C-2(1), Chandigarh
Appeal Type Income Tax Appeal
Pronouncement Date 03-03-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 03-03-2021
Last Hearing Date 26-11-2020
First Hearing Date 03-03-2021
Assessment Year 2015-2016
Appeal Filed On 18-11-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH B CHANDIGARH (VIRTUAL COURT) BEFORE: SHRI. N.K.SAINI VICE PRESIDENT AND SHRI R.L. NEGI JUDICIAL MEMBER ITA NO. 1484/CHD/2019 ASSESSMENT YEAR : 2015-16 PUNJAB STATE BUS STAND MANAGEMENT CO. LTD. JEEWANDEEP BUILDING SECTIOR-17 CHANDIGARH- THE ACIT C-2(1) SECTOR-17 CHANDIGARH ./ PAN NO. AADCP0762G / APPELLANT / RESPONDENT / ASSESSEE BY : SMT. KAMAKSHI MAHAJAN CA / REVENUE BY : SHRI ASHOK KUMAR KHANNA ADDL. CI T ! ' # / DATE OF HEARING : 03/03/2021 $%&'() # / DATE OF PRONOUNCEMENT : 03/03/2021 / ORDER PER N.K. SAINI VICE PRESIDENT: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORD ER OF THE LD. CIT(A)-1 CHANDIGARH DT. 27/06/2019. 2. THE REGISTRY HAS POINTED OUT THAT THERE WAS A DELAY OF 71 DAYS IN FILING THIS APPEAL. THE MANAGING DIRECTOR OF THE ASSESSEE COMPANY FURNISHED AN APPLICATION DT. 18/11/2019 FOR CONDONATION OF DELAY STATING THEREIN AS U NDER: THE APPLICANT MOST RESPECTFULLY PRAY AND HUMBLY SUB MIT AS FOLLOWS: - 1. I SH. BHUPINDER SINGH MANAGING DIRECTOR OF PUNJAB STATE BUS STAND MANAGEMENT COMPANY LIMITED (PUNBUS) KNOWS THE FACTS OF THE CAS E. 2. IT IS HUMBLY SUBMITTED THAT THIS APPLICATION IS FOR CONDONATION FOR DELAY IS BEFORE HON'BLE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH. 3. IT IS HUMBLY SUBMITTED THAT THIS PRAYER WITH A REQU EST FOR CONDONATION OF DELAY FOR AN EXTENSION OF TIME TO FILE THIS APPEAL BEFORE THIS H ON'BLE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH. 4. COMMISSIONER OF INCOME TAX (APPEALS) HAS PASSED AN ORDER FOR SUSTAINING THE PENALTY IMPOSED BY ASSISTANT COMMISSIONER OF INCOME TAX U/S 271(1)(C) OF INCOME TAX ACT 1961 RELATED TO AY 2015-16. 2 5. PUNBUS HAS PREFERRED TO FILE AN APPEAL AGAINST THE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS) DATED 27.06.2019 WHICH WAS RECEIVED O N 10.07.2019. THE LIMITATION PERIOD FOR FILING OF APPEAL BEFORE HON'BLE INCOME TAX APPELLAT E TRIBUNAL IS 60 DAYS FROM THE DATE OF RECEIPT OF ORDER. WHEREAS THERE IS DELAY OF 71 DAYS IN FILING THE APPEAL. 6. IT IS FURTHER SUBMITTED THAT PUNBUS IS A WHOLLY OWN ED COMPANY OF GOVERNMENT OF PUNJAB WHICH IS BEING MANAGED AND CONTROLLED BY THE OFFICERS NOMINATED BY GOVERNMENT OF PUNJAB FROM TIME TO TIME. IN THE PRESENT CASE T HE ERSTWHILE MANAGING DIRECTOR. SH. TEJINDER SINGH DHALIWAL IAS RETIRED ON 31.08.2019 ON ACCOUNT OF SUPERANNUATION AND THE OFFICE OF MANAGING DIRECTOR REMAINED VACATED TILL 2 5.09.2019. 7. I HAVE JOINED AS MANAGING DIRECTOR OF PUNBUS ON 26. 09.2019 IN COMPLIANCE TO THE ORDERS DATED 24.09.2019. (COPY ATTACHED). AFTER MY JOINING I PERFORMED ELECTION DUTY ASSIGNED BY THE GOVERNMENT FOR THE ELECTIONS TO BE CONDUCTED IN THE STATE OF MAHARASHTRA FROM 04.10.2019 TO 24.10.2019. (COPY AT TACHED). 8. IT IS HUMBLY PRAYED THAT BASED UPON THE TOTALITY OF THE CIRCUMSTANCES MENTIONED ABOVE THIS HON'BLE INCOME TAX APPELLATE TRIBUNAL MA Y BE PLEASED TO CONSIDER THE PRAYER OF THE APPLICANT IN GRANTING THE CONDONATION FOR DE LAY IN FILING THE APPEAL BEFORE THIS HON'BLE INCOME TAX APPELLATE TRIBUNAL FOR JUSTICE A ND EQUITY. 9. IT IS HUMBLY SUBMITTED THAT THIS HON'BLE INCOME TAX APPELLATE TRIBUNAL ON SCRUTINIZING FACTS AND CIRCUMSTANCES IN THE APPLICATION MAY PLE ASE CONSTRUE FACTS AND CIRCUMSTANCES AS 'SUFFICIENT CAUSE' FOR CONDONING THE DELAY. 10. THE FACTS AND CIRCUMSTANCES ELUCIDATED IN THE A PPLICATION INVOLVES THE QUESTION OF 'SUBSTANTIAL JUSTICE' WHERE GROSS DELAY OF 71 DAYS DESERVES TO BE CONDONED IN THE OVERALL INTEREST OF JUSTICE. ON THE OTHER HAND IF CONDONIN G THE DELAY BEING DENIED IT WOULD SERIOUSLY UNDERMINE THE CAUSE OF JUSTICE RESULTING INTO MISCARRIAGE OF JUSTICE FOR THE COMPLAINANTS. 3. DURING THE COURSE OF HEARING THE LD. COUNSEL FOR TH E ASSESSEE REITERATED THE CONTENTS OF THE AFORESAID APPLICATION AND SUBMITTED THAT DELAY OCCURRED IN FILING THE APPEAL AS THE POST OF THE MANAGING DIRECTOR REMAINED V ACANT UP TO 25/09/2019 AND AFTER JOINING HE WAS ASSIGNED THE ELECTION DUTY THEREFOR E THE DELAY IN FILING THE APPEAL WAS BEYOND THE CONTROL OF THE ASSESSEE COMPANY HE REQUES TED TO CONDONE THE DELAY. 4. LD. DR ALTHOUGH OPPOSED THE CONDONATION OF DELAY BUT COULD NOT CONTROVERT THE AFORESAID CONTENTION OF THE LD. COUNSEL FOR THE ASSESSEE. 5. WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE PARTIE S AND PERUSED THE MATERIAL AVAILABLE ON THE RECORD. IN OUR OPINION THE D ELAY IN FILING THE APPEAL WAS BEYOND THE CONTROL OF THE ASSESSEE AND THERE WAS NO MALA FIDE INTENTION WE THEREFORE BY KEEPING A LIBERAL VIEW AND CONSIDERING THE PECULIAR F ACTS OF THIS CASE DEEM IT APPROPRIATE TO CONDONE THE DELAY AND THE APPEAL IS ADMIT TED. 3 6. THE LD. COUNSEL OF THE ASSESSEE HAS FURNISHED AN APP LICATION FOR WITHDRAWAL OF THIS APPEAL STATING THEREIN AS UNDER: SUBJECT: INTIMATION OF OPTING FOR VIVAD SE VISHWAS ACT 2020 IN THE CASE OF APPEAL NO. ITA 1484/CHANDI/2019 M/S PUNJAB STATE BUS STAND MANAGE MENT CO. LTD. FOR PAN- AADCP0762G AY 2015-16. HON'BLE SIR KINDLY REFER TO THE MATTER REFERRED AS SUBJECT ABOV E. THE HEARING IN THE ABOVE MENTIONED CASE HAS BEEN FIXED FOR HEARING ON 03.03.2021. MEAN WHILE THE APPELLANT HAD OPTED FOR VSVS-2020 AND FILED FORM 1 & 2 ON 27.02.2021 VIDE RECEIPT NO. 276021831270221. COPY OF FORM 1 AND 2 IS ENCLOSED HEREWITH. THEREFORE YOUR GOODSELF HONOR IS REQUESTED TO ACKNOWLEDGE THE SAME AND WITHDRAW THE APPEAL. WE SHALL BE HIGHLY OBLIGED. THANKING YOU YOURS FAITHFULLY SD/- (KAMAKSHI MAHAJAN) CHARTERED ACCOUNTANTS COUNSEL FOR THE APPELLANT 7. DURING THE COURSE OF HEARING THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT ASSESSEE HAS OPTED TO AVAIL THE IMMUNITY SCHEME UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT 2020 THEREFORE THE APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. 8. THE LD. DR DID NOT OBJECT IF APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 9. IN VIEW OF THE ABOVE THE APPEAL OF THE ASSESSEE IS D ISMISSED AS WITHDRAWN. 10. IN THE RESULT APPEAL OF THE ASSESSEE IS DISMISSED . (ORDER PRONOUNCED IN THE OPEN COURT ON 03/03/2021 ) SD/- SD/- (R.L. NEGI) (N.K. SAINI) JUDICIAL MEMBER VICE PRESIDENT DATED : 03/03/2021 AG *% + -. -( / COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. CIT 4. THE CIT(A) 5. DR ITAT CHANDIGARH 6. GUARD FILE