ACIT 2(2)(2), Mumbai V. M/S MAHINDRA & MAHINDRA LTD., Mumbai

ITA 3989/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3741 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2000-2001
• Appeal Filed On: 04-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

ITA NOS.3989 &3990/MUM/2019 A.Y. 2000 - 01 & 2001 - 02 ACIT - 2(2)(2) VS. M/S MAHINDRA & MAHINDRA LTD. 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH D MUMBAI BEFORE SHRI RAVISH SOOD (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NOS. 3989 & 3990MUM/2019 (ASSESSMENT YEARS: 2000 - 01 & 2001 - 02) ACIT - 2(2)(2), ROOM NO. 545, 5 TH FLOOR, AAYAKAR BHAVAN, MUMBAI 400 020 VS. M/S MAHINDRA & MAHINDRA LTD. GATEWAY BUILDING, APOLLO BUNDER, MUMBAI - 400001 PAN NO. AAACM3025E (REVENUE) (ASSESSEE) ASSESSEE BY : NONE REVENUE BY : SHRI BHARAT ANDHALE, D.R DATE OF HEARING : 26/02/2021 DATE OF PRONOUNCEMENT : 01 /03 /2021 ORDER PER RAVISH SOOD, J.M: THE CAPTIONED APPEAL S FILED BY THE REVENUE ARE DIRECTED AGAINST THE RESPECTIVE ORDER S PASSED BY THE CIT(A) - 5 , MUMBAI, BOTH DATED 08.03.2019 , WHICH IN TURN ARISES FROM THE RESPECTIVE PENALTY ORDER S PASSED BY THE A.O UNDER SEC.271(1)(C) OF THE INCOME - TAX ACT, 1961, DATED 28.02.2018 FOR A.Y. 2000 - 01 AND A.Y. 2001 - 02. 2. THE ASSESSEE HAS FILED A LETTER DATED 09 TH FEBRUARY, 2021, WHEREIN IT IS STATED THAT IT HAS FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 WITH RESPECT TO ITS QUANTUM APPEALS FO R A.Y. 2000 - 01 AND A.Y. 2001 - 02 WHICH ARE PENDING BEFORE THE HON BLE HIGH COURT OF BOMBAY . IT IS STATED BY THE ASSESSEE THAT FORM 3 AS REGARDS BOTH OF ITS QUANTUM APPEALS HAD BEEN ISSUED TO THE ASSESSEE BY THE DESIGNATED AUTHORITY (COPIES PLACED ON RECORD). ACCORDINGLY, IT IS STATED BY THE ASSESSEE THAT NOW WHEN ITS QUANTUM APPEAL S HAVE BEEN RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THUS , THE REVENUE S APPEALS FOR T H E AFORESAID YEARS PERTAINING TO THE PENALTY ORDERS PASSED U/S 271(1)(C) FOR THE SAID RESPECTIVE YEARS WOULD BE RENDERED AS INFRUCTUOUS. IT IS STATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL S FILED BY THE REVENUE MAY BE DIRECTED TO BE WITHDRAWN. ITA NOS.3989 &3990/MUM/2019 A.Y. 2000 - 01 & 2001 - 02 ACIT - 2(2)(2) VS. M/S MAHINDRA & MAHINDRA LTD. 2 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. 4. IN VIEW O F THE ABOVE, WE DISMISS THE REVENUES APPEAL S AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE QUANTUM APPEALS OF THE ASSESSEE PENDING BEFORE THE HONBLE HIGH COURT ARE NOT RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THEN, THE APPELLANT RE VENUE SHALL HAVE LIBERTY TO APPROACH TH E TRIBUNAL FOR RESTORATION OF THE AFORESAID APPEAL S . 5. RESULTANTLY, THE APPEAL S ARE DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATIONS RECORDED HEREINABOVE. ORDER PRONOUN C ED IN THE OPEN COURT ON 01 /03 /2021. SD/ - SD/ - ( N.K. PRADHAN ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 01 . 03 .2021 PS: ROHIT 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// (SR. PRIVATE SECRETARY) ITAT, MUMBAI