M/S. INDIAN OIL CORPORATION LTD, MUMBAI V. THE ADDL CIT RG 10(1), MUMBAI

ITA 3973/MUM/2008

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8320 (ITAT-MUMBAI)
• Duration Of Justice: 12 year(s) 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2004-2005
• Appeal Filed On: 05-06-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V SREEKAR
• Assessee Lawyers: SHANKAR KARAMKAR
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, VP & BEFORE SHRI S. RIFAUR RAHMAN, AM / I .T.A. NO S. 3973 /MUM/20 08 (ASSESSMENT YEAR 2004 - 05) / I .T.A. NOS. 6784 /MUM/20 08 (ASSESSMENT YEAR 2005 - 06) / I .T.A. NO S. 3340 /MUM/20 10 (ASSESSMENT YEAR 2005 - 06 ) / I .T.A. NO S. 2968 /MUM/20 08 (ASSESSMENT YEAR 2006 - 07 ) / I .T.A. NO S. 525 /MUM/20 13 (ASSESSMENT YEAR 2007 - 08 ) / I .T.A. NO S. 526 /MUM/20 13 (ASSESSMENT YEAR 2008 - 09 ) / I .T.A. NOS. 527 /MUM/20 13 (ASSESSMENT YEAR 2009 - 10) / I .T.A. NOS. 528 /MUM/20 13 (ASSESSMENT YEAR 2010 - 11) M/S INDIAN OIL CORPORATION LTD. G - 9, ALI YAVAR JUNG MARG, BANDRA (EAST), MUMBAI - 400 051 / VS. A.C.I.T, RANGE 10( 1), AAYAKAR BHAVAN, MUMBAI - 400 020 ./ ./ PAN/GIR NO. AA ACI 1681G ( / APPELLANT ) .. ( / RESPONDENT ) & / I .T.A. NO S. 6650 /MUM/20 08 (ASSESSMENT YEAR 2005 - 06) / I .T.A. NO S. 3504 /MUM/20 10 (AS SESSMENT YEAR 2006 - 07 ) / I .T.A. NO S. 1380 /MUM/20 13 (ASSESSMENT YEAR 2007 - 08 ) / I .T.A. NO S. 1390 /MUM/20 13 (ASSESSMENT YEAR 2008 - 09 ) / I .T.A. NOS. 1391 /MUM/20 13 (ASSESSMENT YEAR 2009 - 10) / I .T.A. NOS. 1392 /MUM/ 20 13 (ASSESSMENT YEAR 2010 - 11) A.C.I.T, RANGE 10(1), AAYAKAR BHAVAN, MUMBAI - 400 020 / VS. M/S INDIAN OIL CORPORATION LTD. G - 9, ALI YAVAR JUNG MARG, BANDRA (EAST), MUMBAI - 400 051 ( / APPELLANT ) .. ( / RESPONDENT ) ASSESSEE BY : SHRI SHANKAR KARAMKAR, AR REVENUE BY: SHRI V. SREEKAR , DR ITA NO S . 3973 / MUM/20 08 & 13 OTHERS M/S INDIAN OIL CORPORATION LTD. 2 / DATE OF HEARING: 24 / 03 /20 21 /DATE OF PRONOUNCEMENT: 26/03 / 20 21 / O R D E R PER BENCH : THE AFOREMENTIONED APPEALS HAVE BEEN FILED BY THE ASSESSEE AND REVENUE RESPECTIVELY AGAINST TH E ORDER PASSED BY LD. COMMISSIONER OF INCOME TAX ( APPEALS), MUMBAI [HEREINAFTER REFERRED TO AS THE LD. CIT (A ) ] RELEVANT TO DIFFERENT ASSESSMENT YEARS. 2 . DURING THE COURSE OF H EARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED BEFORE US THAT ASSESSEE HAS FILED NECESSARY DECLARATION UNDER DIRECT TAX VIVAD S E VISHWAS ACT 2020 (AC T 3 OF 2020) AND ALSO CONFIRMED RECEIPT OF FORM - 1 & 2 VIDE LETTER DATED 23.03.2021 , COPY OF WHICH ARE PL ACED ON RECORD. ACCORDINGLY, HE PRAYED FOR WITHDRAW AL OF THE APPEAL. H E ALSO PRAYED THAT IN THE EVENT OF THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME D UE TO UNFORESEEN REASONS , ITS RIGHT FOR REVIVAL OF THE APPEAL IS PROTECTED . 3. THE LD. DR DID NOT OBJECT TO COURSE SO SUGGESTED. 4. CONSIDERED THE RIVAL SUBMISSIONS AND MATERIAL PLACED ON RECORD. WE NOTICE D THAT ASSESSEE PRAYED FOR WITHDRAWAL OF ITS APPEAL . ACCORDINGLY, L IBERTY IS GRANTED TO THE ASSESSEE TO REVIVE THE APPEALS IN THE EVENT A PPLICATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. IT IS FURTHER MADE CLEAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO RESTORE THE APPEAL IN THE EVENT ASSESSEE'S DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLANEOUS APPLICATION FOR RECALLING THE ORDER IS FILED BEYOND TIME ON ITA NO S . 3973 / MUM/20 08 & 13 OTHERS M/S INDIAN OIL CORPORATION LTD. 3 ACCOUNT OF DELAY IN COMMUNICATION OF OUTCOME UNDER VSVS. [ RE. M/S. NANNUSAMY MOHAN(HUF) VS. ACIT IN T.C.A NO.372 OF 2020 DECIDED ON 1 6/10/2020 BY HON'BLE MADRAS HIGH COURT]. 5. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL OF ASSESSEE AS WITHDRAWN, SUBJECT TO THE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBER TY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL S . WITH REGARD TO REVENUE APPEAL S , THE APPEALS OF REVENUE ARE DISMISSED AS INFCRUCTOUS AND LIBERTY GRANTED TO REVENUE ALSO IN CASE REJECTION OF THE ASSESSEES APPLICATION UNDER T HE SCHEME TO RESTORE THE APPEAL. 6. IN THE RESULT, THE APPEAL S OF ASSESSEE ARE DISMISSED AS WITHDRAWN S UBJECT TO THE OBSERVATION ABOVE AND APPEALS OF REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26/03 /2021 SD/ - SD/ - ( MAHAVIR SINGH ) (S. RIFAUR RAHMAN ) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI; DATED : 26/03 /2021 DHANANJAY ( SR.PS ) /PRADEEP / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPON DENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// / /(DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI