Appeal details
Counselvise Citation
[2021] 109 COUNSELVISE.COM (IT) 5623 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 9 month(s) 2 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
08-02-2021
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
D
Assessment Year
2008-2009
Appeal Filed On
06-05-2019
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , D BENCH MUMBAI BEFORE SHRI MAHAVIR SINGH, VP & SHRI M.BALAGANESH, AM ITA NO. 2905 /MUM/ 20 19 ( ASSESSMENT YEAR : 2008 - 09 ) ACIT - 2(2)(2), ROOM NO.545, 5 TH FLOOR AAYAKAR BHAVAN MUM BAI 400 020 VS. M/S. MAHINDRA TRUCKS & BUSES LTD., (FORMERLY KNOWN AS MAHINDRA NAVISTAR AUTOMOBILES LTD.,) GATEWAY BUILDING, APPOLLO BUNDER FORT, MUMBAI 400 001 PAN/GIR NO. AAACM7863L (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI SANJAY SETHI ASSE SSEE BY MS. SWETA MAHADIK DATE OF HEARING 08 / 02 /202 1 DATE OF PRONOUNCEMENT 08 / 02 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 2905/MUM/2019 FOR A.Y. 2008 - 09 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 5, MUMBAI IN APPEAL NO. CIT(A) - 5/ACIT - 2(2)(2)/IT - 17/17 - 18 DATED 11/02/2019 (LD. CIT(A) IN SHORT) IN THE MATTER OF IMPOSITION OF PENALTY U/S.271(1)(C) OF THE INCOME TAX ACT, 1961 ( HEREINAFTER REFERRED TO AS ACT). ITA NO . 2905/MUM/2019 M/S. MAHINDRA TRUCKS & BUSES LTD., 2 2. AT THE OUTSET THE LD . COUNSEL FOR THE ASSESSEE MS. SWETA MAHADIK SUBMITTED THAT ASSESSEE HAD AVAILED VIVAD SE VISHWAS SCHEME - 2020 TO SETTLE THE DISPUTE ARISING OUT OF THIS CASE. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. WE FIND TH AT ASSESSEE HAD ALREADY AVAILED VIVAD SE VISWAS SCHEME 2020 AND FILED NECESSARY DECLARATION . WE FIND THERE IS NO NEED TO KEEP THIS APPEAL PENDING BEFORE US IN VIEW OF THE DECISION OF HON'BLE HIGH COURT OF MADRAS IN THE CASE OF NANNUSAMY MOHAN (HUF) VS. A CIT IN T.C.A. NO.372 OF 2020 DATED 16.10.2020, WHEREIN HON'BLE HIGH COURT AFTER CONSIDERING THE INTENTION OF THE ASSESSEE TO AVAIL THE BENEFIT OF VIVAD SE VISWAS SCHEME - 2020 (VSV SCHEME) , HAD DISMISSED THE APPEAL BY OBSERVING IN PARA 7 TO 9 AS UNDER: - 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, T HE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH 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 BEFORE 20.11.2020 AND THE COMPETENT AUTHORITY SHALL PROCESS THE APPLICATION/ DECLARATION IN ACCORDANCE WIT H 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 FILED IN THE PROPER FORM. 9. WITH THIS DECLARATION, THE TAX CASE APPEAL STANDS DISPOSED OF WITH THE AFOR EMENTIONED LIBERTY AND CONSEQUENTLY THE SUBSTANTIAL QUESTION OF LAW ARE LEFT UPON. NO COSTS. 2 . IN THE LIGHT OF THE VIEW TAKEN BY HONBLE MADRAS HIGH COURT CITED (SUPRA), WE ALSO GIVE LIBERTY TO THE ASSESSEE TO GET THE APPEAL RESTORED IN ITA NO . 2905/MUM/2019 M/S. MAHINDRA TRUCKS & BUSES LTD., 3 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 DECLARATION TO BE FILED IS NOT ACCEPTED BY THE REVENUE FOR ANY REASON WHATSOEVER, THE ASSESSEE CAN MAKE A PR AYER BEFORE THE BENCH FOR RECALLING OF THE ORDER BY FILING A MISCELLANEOUS APPLICATION FOR RESTORATION OF APPEAL. THE REGISTRY WILL PLACE SUCH PETITION BEFORE THE BENCH CONCERNED. 3 . IN VIEW OF THE AFORESAID OBSERVATIONS, WE DISMISS THIS APPEAL OF REVENUE WIT H A LIBERTY TO GET THE APPEAL RECALLED IN THE EVENTUALITY OF ASSESSEES DECLARATION (TO BE FILED) NOT GETTING ACCEPTED BY THE REVENUE. 4 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 08 / 02 /202 1 . SD/ - ( MAHAVIR SINGH ) SD/ - (M.BALAGANESH) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI ; DATED 08 / 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), M UMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//
