PROCTER & GAMBLE HYGIENE & HEALTHCARE LTD, MUMBAI V. ACIT CIR 7(1), MUMBAI

ITA 4399/MUM/2009

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8489 (ITAT-MUMBAI)
• Duration Of Justice: 11 year(s) 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2002-2003
• Appeal Filed On: 21-07-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A MOHAN
• Section: 143(3)

Judgement Text

ITA NOS. 4399 & 4483/MUM/2009 ASSESSMENT YEARS: 2002-03 & 2003-04 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI J BENCH, MUMBAI [CORAM: PRAMOD KUMAR (VICE PRESIDENT), AND, SAKTIJIT DEY, (JUDICIAL MEMBER)] ITA NOS. 4399 & 4483/MUM/2009 ASSESSMENT YEARS: 2002-03 & 2003-04 PROCTER & GAMBLE HYGIENE & HEALTH CARE LTD. .APPELLANT P & G PLAZA CARDINAL GRACIAS ROAD, CHAKALA, ANDHERI (E), MUMBAI-400 009 [PAN: AAACP 6332 M] VS ACIT, CIRCLE-7(1), MUMBAI ..........RESPONDENT APPEARANCES BY YOGESH THAR FOR THE APPELLANT A. MOHAN FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : JANUARY 13, 2021 DATE OF PRONOUNCEMENT : JANUARY 14, 2021 O R D E R PER BENCH: 1. THESE APPEALS FILED BY THE ASSESSEE, CALLS INTO QUESTION THE CORRECTNESS OF THE ORDER DATED 31.03.2008, PASSED BY THE LEARNED CIT(A)-XXXI I, MUMBAI IN THE MATTER OF ASSESSMENT U/S. 143(3) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEARS 2002-03 AND 2003-04. 2. WHEN THESE APPEALS WERE CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE NECESSARY DECLARATI ON UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND IS AWAITING FOR FINAL RESO LUTION OF THE MATTER UNDER THE SAID SCHEME. HE SUBMITTED THAT UPON COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHDRAW THE ITA NOS. 4399 & 4483/MUM/2009 ASSESSMENT YEARS: 2002-03 & 2003-04 PAGE 2 OF 3 APPEALS. IN RESPONSE TO THE SUGGESTION FROM THE BEN CH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS WITHDRAW N AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEAL ARE PROTECTED, IN THE EVENT OF, FOR SOME UNF ORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3. THE LD. DR ALSO DID NOT OBJECT TO COURSE SO SUGG ESTED. 4. IN VIEW OF THE ABOVE, WE DISMISS THESE APPEALS A S WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME, THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNA L FOR RESTORATION OF HIS APPEAL. 5. IN THE RESULT, THESE APPEALS ARE DISMISSED AS WI THDRAWN SUBJECT TO THE OBSERVATION ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON THE 14 JANUARY, 2021. SD/- SD/- SAKTIJIT DEY PRAMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) MUMBAI, DATED THE 14 DAY OF JANUARY, 2021 ROSHANI, SR. PS COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI