CLARIANT CHEMICALS (INDIA) LTD., MUMBAI V. DCIT , CIRCLE- 1(1)(1), MUMBAI

ITA 1337/MUM/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1026 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2000-2001
• Appeal Filed On: 27-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Section: 13

Judgement Text

ITA NOS. 1336 TO 1339/MUM/2020 ASSESSMENT YEARS: 1998 - 99, 2000 - 01, 2001 - 02 & 2005 - 06 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI C BENCH, MUMBAI [CORAM: PRAMOD KUMAR (VICE PRESIDENT) AND PAVAN KUMAR GADALE (JUDICIAL MEMBER)] ITA NOS. 1336 TO 1339/MUM/2020 ASSESSMENT YEARS: 1998 - 99, 2000 - 01, 2001 - 02 & 2005 - 06 CLARIANT CHEMICALS (INDIA) LIMITED .APPELLANT 8 TH FLOOR, RELIABLE TECH PARK, OFF TAHNE - BELAPUR ROAD, AIROLI, NAVI MUMBAI 400708 [PAN:AAACC5602P] VS DEPUTY COMMISSIONER OF INCOME - TAX, CIRCLE 1(1)(1) MUMBAI ..........RESPONDENT APPEARANCES BY RAJAN VORA FOR THE APPELLANT BRAJENDRA KUMAR FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : DECEMBER 18 TH , 2020 DATE OF PRONOUNCEMENT : DECEMBER 18 TH , 2020 ORDER PER PRAMOD KUMAR, VP: 1 . WITH THE CONSENT OF THE PARTIES ALL THESE APPEALS ARE BEING TAKEN UP FOR THE HEARING TODAY ITSELF , I.E. , WHEN THE PETITION SEEKING EARLY HEARING OF THESE APPEALS CAME UP FOR OUR CONSIDERATION. ITA NOS. 1336 TO 1339/MUM/2020 ASSESSMENT YEARS: 1998 - 99, 2000 - 01, 2001 - 02 & 2005 - 06 PAGE 2 OF 3 2 . THESE APPEALS ARE TIME BARRED BY 13 WORKING DAYS AND THE ASSESSEE HAS MOVED THE PETITION SEEKING CONDONATION OF DELAY. 3 . WHEN THE APPEALS WERE TAKEN UP FOR THE HEARING LEARNED COUNSEL FOR THE ASSESSEE SHRI RAJAN VORA, SUBMITTED THAT THE DELAY IN FILING OF THE APPEALS MAY KINDLY BE CONDONED AS THE ASSESSEE IS OPTING FOR SETTLEMENT OF THIS PE NDING DISPUTE UNDER VIVAD SE VISHWAS SCHEME 2020. HE FURTHER , SUBMITS THAT IN ANY CASE THE DELAY IN FILLING OF APPEAL IS REASONABLY EXPLAIN ED AND HE HAS FILED DETAILED EXPLANATION WITH RESPECT TO DELAY WHICH DESERVES TO BE ACCEPTED ON MERITS AS WELL. SHRI RAJAN VORA, FURTHER SUBMITTED THAT AS THE ASSESSEE IS OPTING FOR THE SETTLEMENT OF PENDING DISPUTE AS SUCH, AND THE ASSESSEE DOES NOT THEREFORE, WISH TO PERSUE THE APPEALS. THE APPEALS MAY KINDLY BE DISMISSED. 4 . SHRI. BRAJENDRA KUMAR, DEPARTMENTAL REPRESENTATIVE DOES NOT OBJECT TO THE PRAYER MADE BY THE ASSESSEE. HE SUBMITS THAT GIVEN THE FACT THAT THE ASSESSEE IS OPTING FOR SETTLEMENT OF DISPUTE UNDER VIVAD SE VISHWAS SCHEME 2020, HE HAS NO OBJECTION TO THE CONDONATION OF THE D ELAY. 5 IN VIEW OF THE ABOVE DISCUSSIONS AND BEARING IN MIND THE ENTIRETY OF THE MATTER, WE DEEM IT FIT AND PROPER TO CONDONE THE DELAY IN FILING OF APPEAL AND ADMIT THE SAME FOR ADJUDICATION ON MERITS. HOWEVER, AS THE ASSESSEE IS OPTING FOR RESOLUTION OF THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME 2020, NO SUCH ADJUDICATION ON MERIT IS WARRANTED ANYWAY . THE PERMISSION TO WITHDRAW THE APPEAL IS , ACCORDINGLY , ALLOWED. 6 . IN THE RESULT THE APPEALS ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT TODAY ON THE 18 TH DECEMBER, 2020 S D / - S D / - PAVAN KUMAR GADALE PRAMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) MUMBAI, DATED THE 18 TH DAY OF DECEMBER 2020 NISHANT VERMA, SR. PS ITA NOS. 1336 TO 1339/MUM/2020 ASSESSMENT YEARS: 1998 - 99, 2000 - 01, 2001 - 02 & 2005 - 06 PAGE 3 OF 3 COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI