RELIANCE BIG ENTERTAINMENT PVT LTD., MUMBAI V. DCIT, CIRCLE-14(3)(1), MUMBAI

ITA 4770/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7067 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2015-2016
• Appeal Filed On: 16-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A. MOHAN
• Section: 144C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J MUMBAI BEFORE SHRI VIKAS AWASTHY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 4770/MUM/2019 ASSESSMENT YEAR: 2015-16 RELIANCE BIG ENTERTAINMENT PVT. LTD., 8 TH FLOOR, RELIANCE CENTER, OFF WESTERN EXPRESS HIGHWAY, SANTACRUZ (EAST), MUMBAI-400 055. VS. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 14(3)(1), ROOM NO. 455, 4 TH FLOOR, AAYAKAR BHAVAN, NEW MARINE LINES, MUMBAI-400 020. PAN NO. AAFCA 6658 L APPELLANT RESPONDENT ITA NO. 5321/MUM/2019 ASSESSMENT YEAR: 2015-16 DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 14(3)(1), ROOM NO. 455, 4 TH FLOOR, AAYAKAR BHAVAN, NEW MARINE LINES, MUMBAI-400020 VS. RELIANCE BIG ENTERTAINMENT PVT. LTD., 502, PLOT NO. 91/94, RELIANCE CENTRE, NEAR PRABHAT COLONY, OFF WESTERN EXPRESS HIGHWAY, SANTACRUZ (EAST), MUMBAI-4000 55. PAN NO. AAFCA 6658 L APPELLANT RESPONDENT ASSESSEE BY : MR. AMIT KHATIWALA, AR REVENUE BY : MR. A. MOHAN, DR DATE OF HEARING : 28/01/2021 DATE OF PRONOUNCEMENT : 28/01/2021 ITA NO. 4770 & 5321/M/2019 RELIANCE BIG ENTERTAINMENT 2 ORDER PER N.K. PRADHAN, A.M. THE CAPTIONED CROSS APPEALS- ONE FILED BY THE ASSES SEE AND THE OTHER BY THE REVENUE ARE DIRECTED AGAINST THE ORDER OF TH E COMMISSIONER OF INCOME TAX (APPEALS) 57, MUMBAI AND ARISE OUT OF ASSESSMENT COMPLETED U/S 143 (3) R.W.S. 144C (3) OF THE INCOME TAX ACT, 1961 (THE ACT). 2. THE LD. COUNSEL FOR THE ASSESSEE HAS FILED A LET TER DATED 27.01.2021 STATING THAT THEY HAVE FILED REVISED APPLICATION UN DER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 ON 30.12.2020 FOR THE ABOVEMENTIO NED APPEALS I.E. ASSESSEES APPEAL AS WELL AS DEPARTMENTS APPEAL. WE DREW THE ATTENTION OF THE LD. DEPARTMENTAL REP RESENTATIVE (DR) THE ABOVE SUBMISSION OF THE ASSESSEE. 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 RESOLU TION OF DISPUTED TAX AND FOR MATTER CONNECTED THEREWITH OR INCIDENTAL THERET O. 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 TH E FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEFORE THE SUPREME COURT OF INDIA. CONSIDERING THE LETTER DATED 27.01.2021 FILED BY TH E ASSESSEE AND THE STATEMENT OF THE LD. COUNSEL AND KEEPING IN VIEW TH E 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 ITA NO. 4770 & 5321/M/2019 RELIANCE BIG ENTERTAINMENT 3 DISMISS THE APPEAL FILED BY THE ASSESSEE AS WITHDRA WN. CONSEQUENTLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED AS INFRUCT UOUS. HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE AS WELL AS THE REVENUE TO S EEK THE RESTORATION OF THE APPEAL IN THE EVENT THE DECLARATION FILED UNDER THE AFORESAID ACT IS CONSIDERED VOID BY THE DEPARTMENT. IT IS FURTHER MA DE CLEAR, IN SUCH EVENTUALITY, IF THE ASSESSEE AS WELL AS THE REVENUE SEEKS RESTORATION OF THE APPEAL BY FILING MISCELLANEOUS APPLICATION, THE DEL AY IF ANY WOULD BE CONDONED WITHOUT INSISTING UPON FILING ANY APPLICAT ION FOR CONDONATION OF DELAY. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN; THE APPEAL FILED BY THE REVENUE IS DISMI SSED AS INFRUCTUOUS SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 28/01/2021. SD/- SD/- (VIKAS AWASTHY) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 28/01/2021 RAHUL SHARMA, SR. 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