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

ITA 2301/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1469 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 13-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY SETHI
• Assessee Lawyers: JASMIN
• Keywords: Question of law; Competent authority; Condonation of delay
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , D BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI AMARJIT SINGH , JM ITA NO. 2301 /MUM/ 20 18 ( ASSESSMENT YEAR : 201 1 - 12 ) M/S. BAYER CROPSCIENCE LTD., (SUCCESSOR TO MONSANTO IND IA LIMITED AHURA CENTRE 5 TH FLOOR 96, MAHAKALI CAVES ROAD ANDHERI (EAST) MUMBAI 400 093 VS. DEPUTY COMMISSIONER OF INCOME TAX RANGE 10(2)(2) AAYAKAR BHAVAN M.K.ROAD, MUMBAI 400 020 PAN/GIR NO. BCSL - AAACB9651K MIL - AAACM2875L (APPELL ANT ) .. (RESPONDENT ) ITA NO.2123/MUM/2018 (ASSESSMENT YEAR: 2011 - 12) DEPUTY COMMISSIONER OF INCOME TAX RANGE 10(2)(2) AAYAKAR BHAVAN M.K.ROAD, MUMBAI 400 020 VS. M/S. BAYER CROPSCIENCE LTD., (SUCCESSOR TO MONSANTO INDIA LIMITED AHURA CENTRE, 5 TH FLOOR 96, MAHAKALI CAVES ROAD ANDHERI (EAST) MUMBAI 400 093 PAN/GIR NO. BCSL - AAACB9651K MIL - AAACM2875L (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY MS. JASMIN REVENUE BY SHRI SANJAY SETHI DATE OF HEARING 11 / 02 /202 1 DATE OF PRONOUN CEMENT 11/02 /202 1 ITA NO . 2301/MUM/2018 & 2123/MUM/2018 M/S. BAYER CROPSCIENCE LTD., (SUCCESSOR TO MONSANTO INDIA LIMITED) 2 / O R D E R PER M. BALAGANESH (A.M) : THESE CROSS APPEAL S IN ITA NO. 2301/MUM/2018 & 2123/MUM/2018 FOR A.Y. 2011 - 12 ARISE OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 17, MUMBAI IN APPEAL NO. CIT(A) - 17/I T - 387/14 - 15 DATED 31/01/2018 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 23/02/2015 BY THE LD. DY. COMMISSIONER OF INCOME TAX - 10(2)(2), MUMBAI (HEREINAFTER REFER RED TO AS LD. AO). 2 . AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE STATED IN LETTER DATED 08/02 /2021 THAT ASSESSEE HAD PREFERRED AN APPLICATION UNDER VIVAD - SE - VISHWAS SCHEME 2020 IN RESPECT OF THE AFORESAID ASSESSMENT YEAR S BY FILING F ORM NO. 3 BEFORE THE COMPETENT AUTHORITY. 3 . WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. SINCE, THE ASSESSEE HAD ALREADY FILED AN APPLICATION UNDER DIRECT TAX VIVAD SE VISWAS SCHEME ACT 2020 , THERE IS NO NEED TO KEEP THE APPEAL PENDING BEFORE US IN VIEW OF THE DECISION OF HON'BLE MADRAS HIGH COURT IN THE CASE OF NANNUSAMY MOHAN (HUF) VS. ACIT IN T.C.A. NO.372 OF 2020 DATED 16.10.2020, WHEREIN THE HONBLE HIGH COURT AFTER CONSIDERING THE INTENTION OF THE ASSESSEE TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME - 2020 (VSV SCHEME), HAD DISMISSED THE APPEAL BY OBS ERVING IN PARA 7 TO 9 AS UNDER: - ITA NO . 2301/MUM/2018 & 2123/MUM/2018 M/S. BAYER CROPSCIENCE LTD., (SUCCESSOR TO MONSANTO INDIA LIMITED) 3 7. AS OBSERVED, THE ASSESSEE IS GIVEN LIBERTY TO RESTORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT IN FAVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE, THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SU CH REQUEST MADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION, THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. 8. IN THE LIGHT OF THE ABOVE, WE DIRECT THE APPELLANT/ ASSESSEE TO FILE THE FORM NO.I ON OR BEF ORE 20.11.2020 AND THE COMPETENT AUTHORITY SHALL PROCESS THE APPLICATION/ DECLARATION IN ACCORDANCE WITH THE ACT AND PASS APPROPRIATE ORDERS AS EXPEDITIOUSLY AS POSSIBLE PREFERABLY WITHIN A PERIOD OF 6 (6) WEEKS FROM THE DATE ON WHICH THE DECLARATION IS FI LED IN THE PROPER FORM. 9. WITH THIS DECLARATION, THE TAX CASE APPEAL STANDS DISPOSED OF WITH THE AFOREMENTIONED LIBERTY AND CONSEQUENTLY THE SUBSTANTIAL QUESTION OF LAW ARE LEFT UPON. NO COSTS. 4 . IN THE LIGHT OF THE VIEW TAKEN BY HONBLE MADRAS HIGH COUR T CITED (SUPRA), WE ALSO GIVE LIBERTY TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT THE ASSESSEE DOES NOT SUCCEED ON THE DECLARATION FILED BY THE ASSESSEE UNDER DIRECT TAX VIVAD SE VISWAS SCHEME - 2020. IN OTHER WORDS IF THE ASSESSEES DECLA RATION TO BE FILED IS NOT ACCEPTED BY THE REVENUE FOR ANY REASON WHATSOEVER, THE ASSESSEE CAN MAKE A PRAYER BEFORE THE BENCH FOR RECALLING OF THE ORDER BY FILING A MISCELLANEOUS APPLICATION FOR RESTORATION OF APPEAL. THE REGISTRY WILL PLACE SUCH PETITION B EFORE THE BENCH CONCERNED. ITA NO . 2301/MUM/2018 & 2123/MUM/2018 M/S. BAYER CROPSCIENCE LTD., (SUCCESSOR TO MONSANTO INDIA LIMITED) 4 5 . IN VIEW OF THE AFORESAID OBSERVATIONS, WE DISMISS TH ESE CROSS APPEAL S WITH A LIBERTY TO GET THE M RECALLED IN THE EVENTUALITY OF ASSESSEES DECLARATION NOT GETTING ACCEPTED BY THE REVENUE. 6 . IN THE RESULT, THE APPEAL OF THE ASSESSE E AS WELL AS THAT OF THE REVENUE ARE DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON 11 / 02 /202 1 . SD/ - ( AMARJIT SINGH ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 11 / 02 / 2021 KARUNA , SR.PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//