TECHNIP E & C INDIA LTD, MUMBAI V. DCIT CEN CIR 1(1),

ITA 28/MUM/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1209 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 11 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2011-2012
• Appeal Filed On: 04-01-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUNITA BILLA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 28/MUM/2016 ASSESSMENT YEAR: 2011-12 & ITA NO. 446/MUM/2017 ASSESSMENT YEAR: 2012-13 & ITA NO. 6289/MUM/2017 ASSESSMENT YEAR: 2013-14 TECHNIP E & C INDIA LIMITED (AMALGAMATED WITH TECHNIP INDIA LIMITED), UNIT NO. 602, WING A, UNIT NOS 601 & 602 IN WING B-1, BOOMERANG CHANDIVALI FARM ROAD, ANDHERI (E), MUMBAI-400072. VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(1), MUMBAI. PAN NO. AAICS7355M APPELLANT RESPONDENT ASSESSEE BY : MR. KETAN VED, AR REVENUE BY : MS. SUNITA BILLA, CIT-DR DATE OF HEARING : 17/12/2020 DATE OF PRONOUNCEMENT : 17/12/2020 ORDER PER N.K. PRADHAN, A.M. THE CAPTIONED APPEALS FILED BY THE ASSESSEE ARE DIR ECTED AGAINST THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME T AX, CENTRAL CIRCLE ITA NO. 28/M/2016 & ORS TECHNIP E & C INDIA 2 1(1), MUMBAI U/S 143(3) R.W.S. 144C(13)/144C(5) OF THE INCOME TAX ACT, 1961 (THE ACT). 2. THE LD. COUNSEL FOR THE APPELLANT SUBMITS THAT T HE ASSESSEE IS CONTEMPLATING TO OPT FOR VIVAD SE VISHWAS SCHEME FO R THE CAPTIONED YEARS AND THEREFORE, AN ADJOURNMENT MAY BE GIVEN FOR HEAR ING THE CASE. IN RESPONSE TO THE SUGGESTION FROM THE BENCH, THE L D. COUNSEL FAIRLY ACCEPTS THAT THEY HAVE NO OBJECTION TO THE APPEAL B EING DISMISSED AS WITHDRAWN AS LONG AS THEIR RIGHT FOR REVIVAL OF THE APPEAL IS PROTECTED, IN THE EVENT OF SOME UNFORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER THE ABOVE SCHEME. THE LD. DR HAS NO OBJECTION TO THE ABOVE. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIALS ON RECORD. THE GOVERNMENT OF INDIA ENACTE D 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 PR ESIDENT 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 TH E FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEFORE THE SUPREME COURT OF INDIA. CONSIDERING THE SUBMISSIONS OF THE LD. COUNSELS APP EARING FOR THE PARTIES AND KEEPING IN VIEW THE DECISION OF THE HON BLE MADRAS HIGH COURT IN THE CASE OF M/S NANNUSAMY MOHAN (HUF) V. ACIT (TCA NO. 372 OF 2020, ORDER DATED 16.10.2020), WE ARE INCLINED TO DISMISS THESE APPEALS AS WITHDRAWN. HOWEVER, LIBERTY IS GRANTED TO THE ASSES SEE TO SEEK THE ITA NO. 28/M/2016 & ORS TECHNIP E & C INDIA 3 RESTORATION OF THESE APPEALS IN THE EVENT THE DECLA RATION FILED UNDER THE AFORESAID SCHEME IS NOT ACCEPTED BY THE DEPARTMENT OR THE ASSESSEE DECIDES AGAINST FILING ANY DECLARATION UNDER THE SC HEME. IT IS FURTHER MADE CLEAR, IN SUCH EVENTUALITY, IF THE ASSESSEE SEEKS R ESTORATION OF THESE APPEALS BY FILING MISCELLANEOUS APPLICATIONS, THE DELAY IF ANY SHOULD BE CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR C ONDONATION OF DELAY. 4. IN THE RESULT, THE APPEALS ARE DISMISSED AS WITH DRAWN, SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 17/12/2020. SD/- SD/- (SAKTIJIT DEY) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 17/12/2020. RAHUL SHARMA, SR. 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. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI