KODAK GRAPHIC COMMUNICATIONS P. LTD ( SINCE MERGED IWTH KODAK INDIA P.LTD), MUMBAI V. ASST CIT 10(1), MUMBAI

ITA 3087/MUM/2012

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7845 (ITAT-MUMBAI)
• Duration Of Justice: 8 year(s) 8 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Next Hearing Date: 28-04-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 04-05-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH K MUMBAI BEFORE SHRI VIKAS AWASTHY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 3087/MUM/2012 ASSESSMENT YEAR: 2007 - 08 & ITA NO. 3426/MUM/2014 ASSESSMENT YEAR: 2008 - 09 M/S KODAK GRAPHIC COMMUNICATIONS INDIA P. LTD., (SINCE MERGED WITH KODAK INDIA PVT. LTD.), C/O. KALYANIWALLA & MISTRY, ARMY & NAVY BUILDING, 3 RD FLOOR, 148, M.G. ROAD FORT, MUMBAI - 400001 VS. ASST. COMMISSIONER OF INCOME TAX 10(1), AAYAKAR BHAVAN, MUMBAI - PAN NO. AABCK1644C APPELLANT RESPONDENT ASSESSEE BY : MR. RAUNAK VARDHAN , AR REVENUE BY : MR . SUSHIL KUMAR MISHRA, DR DATE OF HEARING : 20 /01/2021 DATE OF P RONOUNCEMENT : 20 /01/2021 ORDER PER N.K. PRADHAN, A.M. THE CAPTIONED APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) 15 , MUMBAI AND ARISE OUT OF ASSESSMENT COMPLETED U/S 143 (3) (II) OF THE INCOME TAX ACT, 1961 (THE ACT). 2. THE LD. COUNSEL FOR THE APPELLANT HAS FILED A LETTER DATED 18.01.2021 STATING THAT THEY HAVE FILED DECLARATIONS IN FORM - 1 AND FORM - 2 UNDER THE ITA NO S . 3087/M/2012 & 3426/M/2014 KODAK GRAPHIC COMMUNICATIONS INDIA P. LTD. 2 DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND ARE WAITING FOR CERTIFICATE IN FORM - 3 FROM THE DESIGNATED AUTHORITY DETER MINING THE AMOUNT PAYABLE. WE BROUGHT TO THE ATTENTION OF THE LD. DEPARTMENTAL REPRESENTATIVE ( DR ) THE ABOVE SUBMISSION OF THE APPELLANT . 3. WE HAVE HEARD THE LD. COUNSELS AND PERUSED THE RELEVANT MATERIALS ON RECORD. THE GOVERNMENT OF INDIA ENACTED 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 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 THE FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEFORE THE SUPREME COURT OF INDIA. CONSIDERING THE LETTER DATED 18.01.2021 FILED BY THE APPELLANT AND KEEPING IN VIEW THE DECISION OF THE HONBLE 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 ASSESSEE TO SEEK THE RESTORATION OF THESE APPEALS IN THE EVENT THE DECLARATION FILED UNDER THE AFORESAID ACT IS CONSIDERED VOID BY THE DEPARTMENT. IT IS FURTHER MADE CLEAR, IN SUCH EVENTUALITY, IF THE ASSESSEE SEEKS RESTORATION OF THESE APPEAL S BY FILING MISCELLANEOUS APPLICATION, THE DELAY IF ANY WOULD BE CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR CONDONATION OF DELAY. ITA NO S . 3087/M/2012 & 3426/M/2014 KODAK GRAPHIC COMMUNICATIONS INDIA P. LTD. 3 4. IN THE RESULT, THE APPEAL S ARE DISMISSED AS WITHDRAWN, SUBJECT TO THE OBSERVATION ABOVE. ORDER PR O N OUNCED IN THE OPEN COURT ON 20 /01/2021. SD/ - SD/ - ( VIKAS AWASTHY ) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED: 20 /01/2021 ALINDRA, 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./ASSISTANT REGISTRAR) ITAT, MUMBAI