KODAK INDIA P. LTD, MUMBAI V. ASST CIT CIR 14(2)(1), MUMBAI

ITA 1425/MUM/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7525 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 10 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2011-2012
• Appeal Filed On: 15-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANAND MOHAN CIT DR LAST
• Section: 144C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH K MUMBAI BEFORE SHRI VIKAS AWASTHY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) IT (TP) A NO. 1425 /MUM/2016 ASSESSMENT YEAR: 2011 - 12 KODAK INDIA PVT. LTD., KALYANIWALLA & MISTRY, 3 RD FLOOR, ARMY & NAVY BUILDING, 148, M.G. ROAD, FORT, MUMBAI - 400001 VS. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 14(2) (1), ROOM NO. 432, 4 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 PAN NO. AAACK2172J APPELLANT RESPONDENT ITA NO. 2021 /MUM/2016 ASSESSMENT YEAR: 2011 - 12 ASSTT. COMMISSIONER OF INCOME TAX 14(2)(1), ROOM NO. 474, 4 TH FLOOR, AAYAKAR BHAVAN, MAHARASHI KARVE ROAD, MUMBAI - 400020 VS. M/S KODAK INDIA PVT. LTD., 1 ST FLOOR, DANI CORPORATE MARG, SANTACRUZ (W), MUMBAI - 400098 PAN NO. AAACK2172J APPELLANT RESPONDENT ASSESSEE BY : MR. RAUNAK VARDHAN, A R REVENUE BY : MR. ANAND MOHAN, CIT (DR) LAST DATE OF HEARING : 21/01/2021 DATE OF PRONOUNCEMENT: 21/01/2021 2 IT (TP) A NO. 1425/M/2016 & ITA NO. 2021/M/2016 M/S KODAK INDIA PVT. LTD. ORDER PER N.K. PRADHAN, A.M. THE CAPTIONED CROSS APPEALS - ONE FILED BY THE ASSESSEE AND THE OTHER BY THE REVENUE ARE DIRECTED AGAINST THE ORDER U/S 143 (3) R.W.S. 144C (13) OF THE INCOME TAX ACT, 1961 (THE ACT) PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX 14 (2) (1), MUMBAI. 2. THE LD. COUNSEL FOR THE APPELLANT HAS FILED A LETTER DATED 20 .01.2021 STATING THAT THEY HAVE FILED DECLARATIONS IN FORM - 1 AND FORM - 2 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 ON 24.12.2020 IN RESPECT OF THE ABOVE - MENTIONED APPEALS AND ARE WAITING FOR CERTIFICATE IN FORM - 3 FROM THE DESIGNATED AUTHORITY DETERMI NING THE AMOUNT PAYABLE. WE BROUGHT TO THE ATTENTION OF THE LD. DEPARTMENTAL REPRESENTATIVE (DR) THE ABOVE SUBMISSION OF THE APPELLANT. 3. WE HAVE HEARD THE LD. COUNSELS 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 ASSENT OF THE PRESIDENT ON 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 BEFORE THE HIG H COURT OR BEFORE THE SUPREME COURT OF INDIA. CONSIDERING THE LETTER DATED 20 .01.2021 FILED BY THE APPELLANT AND KEEPING IN VIEW THE DECISION OF THE HONBLE MADRAS HIGH COURT IN THE CASE 3 IT (TP) A NO. 1425/M/2016 & ITA NO. 2021/M/2016 M/S KODAK INDIA PVT. LTD. OF M/S NANNUSAMY MOHAN (HUF) V. ACIT (TCA NO. 372 OF 2020, ORDER DATE D 16.10.2020), WE ARE INCLINED TO DISMISS THE APPEAL FILED BY THE ASSESSEE AS WITHDRAWN. THE APPEAL FILED BY THE REVENUE IS DISMISSED AS INFRUCTUOUS. HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE AS WELL AS THE REVENUE TO SEEK THE RESTORATION OF THE APPEAL I N THE EVENT THE DECLARATION FILED UNDER THE AFORESAID ACT IS CONSIDERED VOID BY THE DEPARTMENT. IT IS FURTHER MADE CLEAR, IN SUCH EVENTUALITY, IF THE ASSESSEE AS WELL AS THE REVENUE SEEKS RESTORATION OF THE APPEAL BY FILING MISCELLANEOUS APPLICATION, THE D ELAY IF ANY WOULD BE CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR CONDONATION OF DELAY. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN; THE APPEAL FILED BY THE REVENUE IS DISMISSED AS INFRUCTUOUS SUBJECT TO THE OBSERVATION ABOVE. ORDER PRO NOUNCED IN THE OPEN COURT ON 21 /01/2021. SD/ - SD/ - (VIKAS AWASTHY) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED: 21 /01/2021 ALINDRA, P.S. 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. 4 IT (TP) A NO. 1425/M/2016 & ITA NO. 2021/M/2016 M/S KODAK INDIA PVT. LTD. BY ORDER, //TRUE COPY// (DY./ASSISTANT REGISTRAR) ITAT, MUMBAI