M/s MORTEX INDUSTRIES PVT. LTD., MUMBAI V. ITO, 12(3)(4), MUMBAI

ITA 2861/MUM/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 8683 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 06-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC MUMBAI BEFORE SHRI VIKAS AWASTHY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 2861/MUM/2019 ASSESSMENT YEAR: 2009-10 MOREX INDUSTRIES PVT. LTD., 803, RUBY CRESCENT BUSINESS BOULEVARD, CHAKRAVARTY ASHOK CHAKRAVARTHI ROAD, ASHOK NAGAR, KANDIVALI EAST, MUMBAI-400101. VS. DCIT, CENTRAL CIRCLE 5(1), ITO 12(3)(4), 1 ST FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020. PAN NO. AAACM2892B APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : MS. SMITA VERMA, DR DATE OF HEARING : 22/12/2020 DATE OF PRONOUNCEMENT : 22/12/2020 ORDER PER N.K. PRADHAN, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE. THE RELEVA NT ASSESSMENT YEAR IS 2009-10. THE APPEAL IS DIRECTED AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX (APPEALS)-21, MUMBAI [IN SHORT CIT(A)] AND ARISES OUT OF THE ASSESSMENT COMPLETED U/S 143(3) R.W.S. 147 THE INCO ME TAX ACT 1961, (THE ACT). 2. THE LD. COUNSEL FOR THE APPELLANT HAS FILED A LE TTER DATED 21.12.2020 STATING THAT THE ASSESSEE HAS ALREADY FILED FORM NO . 1 & 2 UNDER VIVAD SE ITA NO. 2861/MUM/2019 MOREX INDUSTRIES PVT. LTD. 2 VISHWAS SCHEME FOR THE CAPTIONED YEAR AND THEREFOR E, AN ADJOURNMENT MAY BE GIVEN TILL THE FORMALITIES WITH RESPECT TO THE A BOVE IS COMPLETED. 3. WE HAVE HEARD THE LD. DR AND PERUSED THE RELEVAN T MATERIALS ON RECORD. THE GOVERNMENT OF INDIA ENACTED THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT NO. 3 OF 2020) TO PROVIDE FOR RESOLU TION OF DISPUTED TAX AND FOR MATTER CONNECTED THEREWITH OR INCIDENTAL THERET O. 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 TH E FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEFORE THE SUPREME COURT OF INDIA. CONSIDERING THE SUBMISSION FILED BY THE ASSESSEE AN D KEEPING IN VIEW THE DECISION OF THE HONBLE MADRAS HIGH COURT IN TH E CASE OF M/S NANNUSAMY MOHAN (HUF) V. ACIT (TCA NO. 372 OF 2020, ORDER DATED 16.10.2020), WE ARE INCLINED TO DISMISS THIS APPEAL . HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK THE RESTORATION OF THIS APPEAL IN THE EVENT THE DECLARATION FILED UNDER THE AFORESAID SCHEME IS NOT ACCEPTED BY THE DEPARTMENT. IT IS FURTHER MADE CLEAR, IN SUCH EVENT UALITY, IF THE ASSESSEE SEEKS RESTORATION OF THIS APPEAL BY FILING MISCELLA NEOUS APPLICATION, THE DELAY IF ANY WOULD BE CONDONED WITHOUT INSISTING UP ON FILING ANY APPLICATION FOR CONDONATION OF DELAY. ITA NO. 2861/MUM/2019 MOREX INDUSTRIES PVT. LTD. 3 4. IN THE RESULT, THE APPEAL IS DISMISSED, SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 22/12/2020. SD/- SD/- (VIKAS AWASTHY) ( N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 22/12/2020 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