MAHINDRA WATER UTILITIES LIMITED, MUMBAI V. ACIT, 6(3), MUMBAI

ITA 1110/MUM/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9683 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 27-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Condonation of delay
• Section: 22

Judgement Text

ITA NO. 1110/MUM/2019 ASSESSMENT YEAR: 2008 - 09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI D BENCH, MUMBAI [CORAM: JUSTICE P. P. BHATT (PRESIDENT) AND PRAMOD KUMAR (VICE PRESIDENT)] ITA NO. 1110/MUM/2019 ASSESSMENT YEAR: 2008 - 09 MAHINDRA WATER UTILITIES LIMITED .APPELLANT MAHINDRA TOWERS, 5 TH FLOOR, P.K KURNE CHOWK, WORLI, MUMBAI 400018 [PAN:AACCM4771A] VS ASSISTANT COMMISSIONER OF INCOME TAX - 6(3) MUMBAI ..........RESPONDENT APPEARANCES: NONE FOR THE APPELLANT BHARAT ANDHALE FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING: : DECEMBER 22 ND , 2020 DATE OF PRONOUNCEMENT : DECEMBER 22 ND , 2020 O R D E R PER BENCH : 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS CALLED INTO QUESTION CORRECTNESS OF THE ORDER DATED 12.03.2015 PASSED BY THE LEARNED CIT(A) - 13, MUMBAI IN THE MATTER OF ASSESSMENT U/S.271(1)(C) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2008 - 09 2. WHEN THIS APPEAL WAS TAKING UP FOR HEARING TODAY IT WAS NOTICED THAT THE ASSESSEE HAS FILED PETITION SEEKI NG CONDONATION OF DELAY . ITA NO. 1110/MUM/2019 ASSESSMENT YEAR: 2008 - 09 PAGE 2 OF 2 3. THE ASSESSEE WISHES TO OPT FOR VIVAD SE VISHWAS SCHEME AND HE CAN DO SO ONLY UPON THE DELAY BEING CONDONED AND THE APPEAL BEING ADJUDICATED ON MERITS. IN ANY CASE, HAVING PERUSED THE PETITION, WE ARE SATISFIED ABOUT BONAFID ES OF DELAY. 4. SHRI BHARAT ANDHALE, DEPARTMENTAL REPRESENTATIVES SUBMITS THAT HE HAS NO OBJECTION TO THE DELAY BEING CONDONED ONLY FOR THE REASON THAT THE ASSESSEE IS OPTING FOR SETTLEMENT OF PENDING DISPUTE UNDER VIVAD SE VISHWAS SCHEME. IT IS FOR THIS SHORT REASON THAT HE IS NOT OPPOSING THE CONDONATION PETITION. 5. IN VIEW OF THE DISCUSSIONS AND BEARING IN MIND THE ENTIRETY OF THE MATTER, WE DEEM IT FIT AND PROPER TO CONDONE THE DELAY AND ADMIT THE APPEAL FOR HEARING ON MERITS. IN THE MEANTIME, AS IS THE ASSESSEE HAS GIVEN AN ASSURANCE TO US - WHICH IS TAKEN ON RECORD, THE ASSESSEE MAY OPT FOR SETTLEMENT OF DISPUTE UNDER VIVAD SE VISHWAS SCHEME. ORDER ACCORDINGLY. PRONOUNCED IN THE OPEN COURT TODAY ON THE 22 ND DECEMBER, 2020 S D / - S D / - JUSTICE P. P. BHATT PRAMOD KUMAR (PRESIDENT) (VICE PRESIDENT) MUMBAI, DATED THE 22 ND DAY OF DECEMBER, 2020 N.V, SR.PS COPIES TO: (1) THE APPLICANT (2) THE RESPONDEN T (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI