MONSANTO INDIA LIMITED, MUMBAI V. DCIT RG- 10(2)(2), MUMBAI

ITA 2300/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6095 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 8 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 13-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ASHIMA GUPTA
• Assessee Lawyers: JITENDRA SINGH
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI RAJESH KUMAR, AM AND SHRI AMARJIT SINGH, JM I.T.A. NO. 2300 /MUM/ 2018 ( ASSESSMENT YEAR: 201 0 - 11 ) MONSANTO INDIA LIMITED AHURA CENTRE 5 TH FLOOR 96 MAHAKALI CAVES ROAD ANDHERI(EAST) MUMBAI - 4000 93 VS. DCIT, RANGE - 10(2)(2) AAYKAR BHAWAN M.K.ROAD MUMBAI - 400 020 PAN/GIR NO. : AA ACM2875L ( APPELLANT ) .. ( RESPONDENT ) I.T.A. NO.2122/MUM/2018 ( ASSESSMENT YEAR: 2010 - 11 ) DCIT - 10(2)(2) AAYKAR BHAWAN M.K.ROAD MUMBAI - 400 020 VS. MONSANTO INDIA LIMITED AHURA CENTRE 5 TH FLOOR 96 MAHAKALI CAVES ROAD ANDHERI(EAST) MUMBAI - 4000 93 PAN/GIR NO. : AAACM2875L ( APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY: SHRI. JITENDRA SINGH, AR REVENUE BY: SMT. ASHIMA GUPTA, DR / DATE OF HEARING: 11 /01/2021 /DATE OF PRONOUNCEMENT: 11 /01/2021 O R D E R PER AMARJIT SINGH, JM: TH ESE CROSS APPEALS FILED BY THE ASSESSEE AND REVENUE AGAINST THE ORDER DATED 31/01/2018 PASSED BY THE COMMIS SIONER OF INCOME TAX (APPEALS) - 17, MUMBAI [HEREINAFTER REFERRED TO AS THE CIT(A)] AND PERTAINS TO A.Y. 201 0 - 11. 2 . WHEN TH ESE APPEAL S W ERE CALLED OUT 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 SUBMITTED THAT UPON 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RESPONSE TO THE SUGGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEAL IS PROTECTED, IN THE EVENT OF, FOR SOME UNFORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3. THE LD. DR ALSO DID N OT OBJECT TO COURSE SO SUGGESTED. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL S AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH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 SE APPEALS ARE DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 11 /01/2021 SD/ - SD/ - (RAJESH KUMAR) (AMARJIT SINGH) A C C OU N T AN T M E M BER J UD I C I AL ME M B E R MUMBAI; DATED : 11 /01/2021 TIRUMALESH (SR.PS) C OP Y O F T HE O R DER F O R W A R D E D T O : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. D R , I T AT, M U M B AI 6. GUARD FILE. //T R U E CO PY // BY O RDER, (DY. / ASS TT . R E GISTR A R ) ITA T , MU M B A I