MONSANTO INDIA LIMITED, MUMBAI V. DCIT- 10(2)(2), MUMBAI

ITA 427/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0687 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 30-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BHARAT ANDHE
• Assessee Lawyers: JASMINE
• Keywords: Question of law; Competent authority
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , D BENCH MUMBAI BEFORE : SHRI M.BALAGANESH, AM & SHRI PAVAN KUMAR GADALE , JM ITA NO. 427/MUM/2019 ( ASSESSMENT YEAR : 201 3 - 1 4 ) ITA NO. 428/MUM/2019 ( ASSESSMENT YEAR : 2014 - 15 ) & IT A NO. 429/MUM/2019 ( ASSESSMENT YEAR : 2015 - 16 ) M/S. BAYER CROPSCIENCE LTD., (SUCCESSOR TO MONSANTO INDIA LIMITED AHURA CENTRE 5 TH FLOOR 96, MAHAKALI CAVES ROAD ANDHERI (EAST) MUMBAI 400 093 VS. DEPUTY COMMISSIONER OF INCOME TAX RANGE 10(2)(2) AAYAKAR BHAV AN M.K.ROAD, MUMBAI 400 020 PAN/GIR NO. BCSL - AAACB9651K MIL - AAACM2875L (APPELLANT ) .. (RESPONDENT ) ITA NO. 480/MUM/2019 (ASSESSMENT YEAR: 2014 - 1 5 ) & ITA NO.481/MUM/2019 (ASSESSMENT YEAR: 2015 - 16) DEPUTY COMMISSIONER OF INCOME TAX R ANGE 10(2)(2) AAYAKAR BHAVAN M.K.ROAD, MUMBAI 400 020 VS. M/S. BAYER CROPSCIENCE LTD., (SUCCESSOR TO MONSANTO INDIA LIMITED AHURA CENTRE, 5 TH FLOOR 96, MAHAKALI CAVES ROAD ANDHERI (EAST) MUMBAI 400 093 PAN/GIR NO. BCSL - AAACB9651K MIL - AAACM2875L (APPELLANT ) .. (RESPONDENT ) ITA NO . 427/MUM/2019 AND OTHER APPEALS M/S. BAYER CROPSCIENCE LTD., (SUCCESSOR TO MONSANTO INDIA LIMITED) 2 ASSESSEE BY MS. JASMIN E REVENUE BY SHRI BHARAT ANDHE DATE OF HEARING 1 5 / 02 /202 1 DATE OF PRONOUNCEMENT 15 /02 /202 1 / O R D E R PER BENCH: THESE CROSS APPEAL S IN ITA NOS.427/MUM/2019, 428/MUM/2019, 429/MUM/2019, 480/MUM/2019 & 481/MUM/2019 FOR A.Y. 201 3 - 1 4, 2014 - 15 & 2015 - 16 RESPECTIVELY ARISE OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 17, MUMBAI IN APPEAL NO. CIT(A) - 17/I T - 231 / 10839/16 - 17, CIT(A) - 17/IT - 232/10965/16 - 1 7, CIT(A) - 17/IT - 233/10224/17 - 18 DATED 29/11 /2018 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 15/11/2016,29/12/2016, 30/11/2017 BY THE LD. DY. COMMISSIONER OF INC OME TAX - 10(2)(2), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). 2 . AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE STATED IN LETTER DATED 24/09/2020 THAT ASSESSEE HAD PREFERRED AN APPLICATION UNDER VIVAD - SE - VISHWAS SCHEME 2020 IN RESPECT OF THE AFORESAID ASSE SSMENT YEAR S BY FILING F ORM NO. 3 BEFORE THE COMPETENT AUTHORITY. ITA NO . 427/MUM/2019 AND OTHER APPEALS M/S. BAYER CROPSCIENCE LTD., (SUCCESSOR TO MONSANTO INDIA LIMITED) 3 3 . WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. SINCE, THE ASSESSEE HAD ALREADY FILED AN APPLICATION UNDER DIRECT TAX VIVAD SE VISWAS SCHEME ACT 2020 , THERE I S NO NEED TO KEEP THE APPEAL PENDING BEFORE US IN VIEW OF THE DECISION OF HON'BLE MADRAS HIGH COURT IN THE CASE OF NANNUSAMY MOHAN (HUF) VS. ACIT IN T.C.A. NO.372 OF 2020 DATED 16.10.2020, WHEREIN THE HONBLE HIGH COURT AFTER CONSIDERING THE INTENTION OF T HE ASSESSEE TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME - 2020 (VSV SCHEME), HAD DISMISSED THE APPEAL BY OBS ERVING 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, THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF D ELAY 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 APPELLAN T/ ASSESSEE TO FILE THE FORM NO.I ON OR BEFORE 20.11.2020 AND THE COMPETENT AUTHORITY SHALL PROCESS THE APPLICATION/ DECLARATION IN ACCORDANCE WITH THE ACT AND PASS APPROPRIATE ORDERS AS EXPEDITIOUSLY AS POSSIBLE PREFERABLY WITHIN A PERIOD OF 6 (6) WEEKS F ROM 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 AFOREMENTIONED LIBERTY AND CONSEQUENTLY THE SUBSTANTIAL QUESTION OF LAW ARE LEFT UPON. NO COSTS. 4 . 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 . 427/MUM/2019 AND OTHER APPEALS M/S. BAYER CROPSCIENCE LTD., (SUCCESSOR TO MONSANTO INDIA LIMITED) 4 THE EVENT THAT THE ASSESSEE DOES NOT SUCCEED ON THE DECLARATION FILED BY THE ASSESSEE UNDER DIRECT TAX VIVAD SE VISWAS SCHEME - 20 20. 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 PRAYER BEFORE THE BENCH FOR RECALLING OF THE ORDER BY FILING A MISCELLANEOUS APPLICATION FOR RESTORATION OF APPE AL. THE REGISTRY WILL PLACE SUCH PETITION BEFORE THE BENCH CONCERNED. 5 . IN VIEW OF THE AFORESAID OBSERVATIONS, WE DISMISS TH ESE CROSS APPEAL S WITH A LIBERTY TO GET THE M RECALLED IN THE EVENTUALITY OF ASSESSEES DECLARATION NOT GETTING ACCEPTED BY THE REVENUE . 6 . IN THE RESULT, THE APPEAL S OF THE ASSESSEE AS WELL AS THAT OF THE REVENUE ARE DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON 1 5 / 02 /202 1 . SD/ - ( PAVAN KUMAR GADALE ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTA NT MEMBER MUMBAI ; DATED 1 5 / 02 / 2021 KARUNA , SR.PS ITA NO . 427/MUM/2019 AND OTHER APPEALS M/S. BAYER CROPSCIENCE LTD., (SUCCESSOR TO MONSANTO INDIA LIMITED) 5 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//