Chennai Network Infrastructure Limited, Navi Mumbai V. DCIT, CHENNAI

CO 57/CHNY/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5217 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 9 month(s) 8 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 04-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 26-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V SREEKAR
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C MUMBAI BEFORE SHRI C.N. PRASAD (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 295/CHNY/2016 ASSESSMENT YEAR: 2011-12 DEPUTY COMMISSIONER OF INCOME TAX CORPORATE CIRCLE- 1(2), O/O DCIT, CORPORATE CIRCLE 1(2), R. NO. 613, WANAPARTHY BLOCK, 6 TH FLOOR, 121, M.G. ROAD, CHENNAI-600 034. VS. M/S CHENNAI NETWORK INFRASTRUCTURE LTD., GLOBAL VISION, 3 RD FLOOR, ELECTRIC SADAN-II, MIDC TTC, INDUSTRIAL AREA, MAHAPE, NAVI MUMBAI-400 710 PAN NO. AADCC 8088 Q APPELLANT RESPONDENT C.O. NO. 57/ CHNY/2016 (ITA NO. 295/CHNY/2016) ASSESSMENT YEAR: 2011-12 M/S CHENNAI NETWORK INFRASTRUCTURE LTD., GLOBAL VISION, 3 RD FLOOR, ELECTRIC SADAN-II, MIDC TTC, INDUSTRIAL AREA, MAHAPE, NAVI MUMBAI-400 710 VS. DEPUTY COMMISSIONER OF INCOME TAX CORPORATE CIRCLE-1(2), O/O DCIT, CORPORATE CIRCLE 1(2), R. NO. 613, WANAPARTHY BLOCK, 6 TH FLOOR, 121, M.G. ROAD, CHENNAI-600 034. PAN NO. AADCC 8088 Q APPELLANT RESPONDENT ITA NO. 629/CHNY/2017 ASSESSMENT YEAR: 2012-13 ASSISTANT COMMISSIONER OF INCOME TAX CORPORATE CIRCLE- 1(2), O/O ACIT, CORPORATE CIRCLE 1(2), R. NO. 613, WANAPARTHY BLOCK, 6 TH FLOOR, 121, M.G. ROAD, CHENNAI-600 034 VS. M/S CHENNAI NETWORK INFRASTRUCTURE LTD., 34/1DL, NEW NO. 403L, 7 TH FLOOR, SAMSON TECH PARK, PANTHEON ROAD, EGMORE, CHENNAI-600 008 ITA NO. 295/CHNY/2016 & ORS M/S CHENNAI NETWORK 2 PAN NO. AADCC 8088 Q APPELLANT RESPONDENT C.O. NO. 62/CHNY/2017 (ITA NO. 629/CHNY/2017) ASSESSMENT YEAR: 2012-13 M/S CHENNAI NETWORK INFRASTRUCTURE LTD., GLOBAL VISION, 3 RD FLOOR, ELECTRIC SADAN-II, MIDC TTC, INDUSTRIAL AREA, MAHAPE, NAVI MUMBAI-400 710 VS. DEPUTY COMMISSIONER OF INCOME TAX CORPORATE CIRCLE-1(2), O/O DCIT, CORPORATE CIRCLE 1(2), R. NO. 613, WANAPARTHY BLOCK, 6 TH FLOOR, 121, M.G. ROAD, CHENNAI-600 034. PAN NO. AADCC 8088 Q APPELLANT RESPONDENT REVENUE BY : MR. V. SREEKAR, DR ASSESSEE BY : MR. PRAVEEN JAIN, AR DATE OF HEARING : 04/02/2021 DATE OF PRONOUNCEMENT : 04/02/2021 ORDER PER N.K. PRADHAN, A.M. THE CAPTIONED APPEALS BY THE REVENUE AND CROSS-OBJE CTIONS BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER PASSED BY T HE COMMISSIONER OF INCOME TAX (APPEALS)-1, CHENNAI AND ARISE OUT OF TH E ASSESSMENT COMPLETED U/S 143(3) OF THE INCOME TAX ACT, 1961 (THE ACT). 2. THE ASSESSEE HAS FILED A LETTER DATED 22.12.2020 IN RESPECT OF THE FOLLOWING APPEALS : SR. NO. ASST. YEAR ITA NO. FILED BY 1. 2011-12 295/CHNY-2016 DEPARTMENT ITA NO. 295/CHNY/2016 & ORS M/S CHENNAI NETWORK 3 2. 2011-12 CO. NO. 057/CHNY-2016 ASSESSEE 3. 2012-13 629/CHNY-2017 DEPARTMENT 4. 2012-13 CO NO. 062/CHNY-2017 ASSESSEE REFERRING TO THE ABOVE LETTER, THE LD. COUNSEL FOR THE ASSESSEE SUBMITS THAT THE ASSESSEE-COMPANY HAS FILED APPLICATION UND ER THE VIVAD SE VISHWAS SCHEME, 2020 SEEKING THE DISPUTE RESOLUTION IN RESP ECT OF THE ABOVEMENTIONED PENDING APPEALS ; THE RELEVANT APPLI CATION WAS E-FILED ON 23.06.2020 IN FORM NO. 1 AND FORM NO. 2 AS PER RULE S PRESCRIBED BY THE CBDT. IT IS STATED THAT NOW THE ASSESSEE-COMPANY IS IN RECEIPT OF FORM NO. 3 I.E. FORM FOR CERTIFICATE UNDER SUB-SECTION (1) OF SECTION 5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 DATED 17.12.2020 AND AS PER THE SAID FORM, THE APPLICATION OF THE ASSESSEE-COMPANY UNDER THE VIVAD SE VISHWAS SCHEME, 2020 IS ACCEPTED AND THE ASSESSEE IS ASKED TO MAKE THE PAYMENT OF TAXES, IF ANY. FURTHER, AS PER THE REQUIREMENT OF THE SCHEME, THE DETAILS OF PAYMENT MADE PURSUANT TO CERTIFICATE ISSUED IN FORM NO. 3 S HALL BE FURNISHED ALONG WITH PROOF OF WITHDRAWAL OF APPEAL/OBJECTION/APPLIC ATION/WRIT ETC. BY THE DECLARANT TO THE DESIGNATED AUTHORITY IN FORM NO. 4 WITHIN STIPULATED TIME. THUS THE LD. COUNSEL SUBMITS THAT THE ASSESSEE WOUL D LIKE TO WITHDRAW THE ABOVE APPEAL AND CROSS-OBJECTIONS. WE BROUGHT TO THE ATTENTION OF THE LD. DEPARTMENTA L REPRESENTATIVE (DR) THE ABOVE SUBMISSION OF THE APPELLANT. 3. WE HAVE HEARD THE LD. COUNSEL FOR THE ASSESSEE, LD. DR AND PERUSED THE RELEVANT MATERIALS ON RECORD. THE GOVERNMENT OF INDIA ENACTED THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT NO. 3 OF 2020) TO PROVIDE FOR RESOLUTION OF DISPUTED TAX AND FOR MATTER CONNECTED THEREWITH OR INCIDENTAL THERETO. THE ACT OF THE PARLIAMENT RECEIVED THE ASS ENT OF THE PRESIDENT ON ITA NO. 295/CHNY/2016 & ORS M/S CHENNAI NETWORK 4 17.03.2020 AND PUBLISHED IN THE GAZETTE OF INDIA ON 17.03.2020. IN TERMS OF THE SAID ACT, THE ASSESSEE HAS BEEN GIVEN AN OPTION TO PUT AN END TO THE TAX DISPUTES, WHICH MAY BE PENDING AT DIFFERENT LEVELS EITHER BEFORE THE FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFOR E THE HIGH COURT OR BEFORE THE SUPREME COURT OF INDIA. CONSIDERING THE LETTER DATED 22.12.2020 FILED BY TH E ASSESSEE AND KEEPING IN VIEW THE DECISION OF THE HONBLE MADRAS HIGH COURT IN THE CASE OF M/S NANNUSAMY MOHAN (HUF) V. ACIT (TCA NO. 372 OF 2020, ORDER DATED 16.10.2020), WE ARE INCLINED TO DISMISS THE CROSS-O BJECTIONS FILED BY THE ASSESSEE AS WITHDRAWN. THE APPEALS FILED BY THE REV ENUE ARE DISMISSED AS INFRUCTUOUS. HOWEVER, LIBERTY IS GRANTED TO THE ASS ESSEE AS WELL AS THE REVENUE TO SEEK THE RESTORATION OF THE APPEAL/CROSS -OBJECTION IN THE EVENT THE DECLARATION FILED UNDER THE AFORESAID ACT IS CO NSIDERED VOID BY THE DEPARTMENT. IT IS FURTHER MADE CLEAR, IN SUCH EVENT UALITY, IF THE ASSESSEE AS WELL AS THE REVENUE SEEKS RESTORATION OF THE APPEAL /CROSS-OBJECTION BY FILING MISCELLANEOUS APPLICATION, THE DELAY IF ANY WOULD BE CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR C ONDONATION OF DELAY. 4. IN THE RESULT, THE CROSS-OBJECTIONS FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN; THE APPEALS FILED BY THE REVENUE ARE DISMISSED AS INFRUCTUOUS SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 04.02.2021. SD/- SD/- ( C.N. PRASAD ) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 04/02/2021 RAHUL SHARMA, SR. PS ITA NO. 295/CHNY/2016 & ORS M/S CHENNAI NETWORK 5 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSISTANT REGISTRAR) ITAT, MUMBAI