Appeal Details
Counselvise Citation
[2021] 108 COUNSELVISE.COM (IT) 8211 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
3 year(s) 4 month(s) 15 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
10-02-2021
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
K
Assessment Year
2013-2014
Appeal Filed On
25-09-2017
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI BEFORE SHRI S. RIFAUR RAHMAN , AM & BEFORE SHRI RAVISH SOOD , J M / I .T.A. NO . 5987 /MUM/20 17 ( / ASSESSMENT YEAR: 2013 - 14 ) M/S LARSEN AND TOUBRO LTD. SCOMI ENGINEERING BHD. CO NSORTIUM, NEAR WADALA DEPOT BUILDING, MONORAIL STATION, PRATIKSHA NAGAR, WADALA (EAST), MUMBAI - 400 037 / VS. ACIT RANGE - 26(2), MUMBAI, PIN - ./ ./ PAN/GIR NO. A AAAL3046N ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 10 / 02 /20 21 /DATE OF PRONOUNCEMENT: 10/02 / 20 21 / O R D E R PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER : THE PRESENT APPEAL HA S BEEN FILED BY THE ASSESSEE AGAINST TH E ORDER DATED 21.03.17 PASSED BY LD. DISPUTE RESOLUTION PANEL - I , MUMBAI [HEREINAFTER REFERRED TO AS THE LD. DRP ) ] RELEVANT TO A.Y. 20 13 - 14 . 2 . AT THE OUTSET, WHEN THE APPEAL W AS CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (AC T 3 OF 2020). VIDE LETTER DATED 08 .02 .2021, HE CONF IRMED THE RECEIPT OF FORM - 1 & 2 AND PRAYER TO WITHDRAW THE APPEAL. HE PRAYED THAT ITS RIGHT FOR REVIVAL OF THE ASSESSEE BY : SHRI ANAND SURVE & MS. SHWETA SHETTY , AR S REVENUE BY: SHRI ANAND MOHAN & SHRI SUNIL DESHPANDE , DR S ITA NO. 5987 / MUM/20 17 M/S LARSEN AND TOUBRO LTD. 2 APPEAL IS PROTECTED, IN THE EVENT OF, FOR SOME UNFORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3. THE LD. DR DID NOT OBJECT TO COURSE SO SUGGESTED. 4. CONSIDERED THE RIVAL SUBMISSIONS AND MATERIAL PLACED ON RECORD. WE NOTICE THAT ASSESSEE HAS FILED THE LETTER FOR WITHDRAWAL. ACCORDINGLY, L IBERTY IS GRANTED TO THE ASSESSEE TO REVIVE THE APPEALS IN THE EVENT APPL ICATION 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 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 16/1 0/2020 BY HON'BLE MADRAS HIGH COURT]. 5. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL 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 LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL. 6. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 10/02 /202 1 SD/ - SD/ - ( RAVISH SOOD ) (S. RIFAUR RAHMAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED : 10/02 / 202 1 DHANANJAY ( SR.PS ) ITA NO. 5987 / MUM/20 17 M/S LARSEN AND TOUBRO LTD. 3 / 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./ASSTT. REGI STRAR) , / ITAT, MUMBAI
Mehul