CIA DE NAVEGACAO NORSUL BRAZIL, MUMBAI V. ADIT (IT) 1(2), MUMBAI

ITA 2030/MUM/2011

• Counselvise Citation: [2020] 107 COUNSELVISE.COM (IT) 6250 (ITAT-MUMBAI)
• Duration Of Justice: 9 year(s) 9 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: L
• Assessment Year: 2001-2002
• Appeal Filed On: 11-03-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY SINGH

Judgement Text

ITA NO. 1429/MUM/2015 ASSESSMENT Y EAR: 2008 - 09 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI I BENCH, MUMBAI [CORAM: PRAMOD KUMAR (VICE PRESIDENT) AND PAVAN KUMAR GADALE (JUDICIAL MEMBER)] ITA NO. 2030/ MUM/ 2011 ASSESSMENT Y EAR: 2001 - 02 CIA DE NAVEGACAO NORSUL BRAZIL .APPELLANT C/O WILHEL MSEN MARITIME SERVICE PVT. LTD., 7 TH FLOOR, MERCHANT CHAMBERS, 41, SIR V. THACKERSEY MARG, CHURCHGATE, MUMBAI 400038. [PAN: AABCC9156D ] VS ASSISTANT DIRECTOR OF INCOME TAX (IT) - 1(2) ..........RESPONDENT MUMBAI APPEARANCES BY NINAD PATADE FOR THE APPELLANT SANJAY SINGH FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : DECEMBER 14 TH , 2020 DATE OF PRONOUNCEMENT : DECEMBER 15 TH , 2020 ORDER PER PRAMOD KUMAR, VP: 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS CALLED INTO QUESTION CORRECTNESS OF THE ORDER DATED 31.12.2010 PASSED BY THE LEARNED CIT(A) - 10 , MUMBAI IN THE MATTER OF ASSESSMENT U/S.143(3) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2001 - 02 . 2. WHEN THIS APPEAL WAS CALLED OU T FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. HE ITA NO. 1429/MUM/2015 ASSESSMENT Y EAR: 2008 - 09 PAGE 2 OF 3 SUBMITTED THAT UPO N COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHDRAW THE APPEAL. IN RESPONSE TO THE SUGGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEAL ARE PROTECTED, IN THE EVENT OF, FOR SOME UNFORESEEN REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3. THE LD. DR ALSO DID NOT OBJECT TO COURSE SO SUGGESTED. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME, THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. 5. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON THE 15 TH DECEMBER , 20 20 . SD/ - SD/ - PAVAN KUMAR GADALE PRAMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) MUMBAI, DATED THE 15 TH DAY OF DECEMBER 2020 NISHANT VERMA , SR. PS 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 ITA NO. 1429/MUM/2015 ASSESSMENT Y EAR: 2008 - 09 PAGE 3 OF 3