SMITH & NEPHEW HEALTHCARE P. LTD, MUMBAI V. ITO 11(2)(2), MUMBAI

ITA 6589/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1775 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2014-2015
• Appeal Filed On: 20-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANPREET DUGGAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 6589/MUM/2018 ASSESSMENT YEAR: 2014-15 SMITH & NEPHEW HEALTHCARE PRIVATE LIMITED, 501-509 B, DYNASTY BUSINESS PARK, ANDHERI-KURLA ROAD, ANDHERI (EAST), MUMBAI-400059. VS. INCOME TAX OFFICER-11(2)(2), DCIT, RANGE-11(2)(2), ROOM NO. 421, 4 TH FLOOR, AAYAKAR BHAVAN, MAHARSHI KARVE ROAD, MUMBAI-400020. PAN NO. AAACS8136N APPELLANT RESPONDENT ASSESSEE BY : MR. M.P. LOHIA, AR REVENUE BY : MR. MANPREET DUGGAL, DR DATE OF HEARING : 09/12/2020 DATE OF PRONOUNCEMENT : 09/12/2020 ORDER PER N.K. PRADHAN, A.M. THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINS T THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX-11(2)(2), MUMBAI U/S 143(3) R.W.S. 144C(13) OF THE INCOME TAX ACT, 1961 (THE AC T). 2. THE LD. COUNSEL FOR THE APPELLANT/ASSESSEE SUBMI TS THAT THEY ARE IN THE PROCESS OF FILING AN APPLICATION UNDER THE DIRECT T AX VIVAD SE VISHWAS ACT, 2020 FOR THE CAPTIONED YEAR, VIDE FORM NOS. 1 & 2 OF THE DIRECT TAX VIVAD SE VISHWAS, RULES, 2020 TO SETTLE THE MATTER PENDING B EFORE THE TRIBUNAL. ITA NO. 6589/MUM/2018 SMITH & NEPHEW HEALTHCARE 2 IN RESPONSE TO THE SUGGESTION FROM THE BENCH, THE L D. COUNSEL FAIRLY ACCEPTS THAT THEY HAVE NO OBJECTION TO THE APPEAL B EING DISMISSED AS WITHDRAWN AS LONG AS THEIR RIGHT FOR REVIVAL OF THE APPEAL IS PROTECTED, IN THE EVENT OF SOME UNFORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER THE ABOVE SCHEME. THE LD. DR HAS NO OBJECTION TO THE ABOVE. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIALS ON RECORD. THE GOVERNMENT OF INDIA ENACTE D THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT NO. 3 OF 2020) TO PROVIDE FOR RESOLUTION OF DISPUTED TAX AND FOR MATTER CONNECTED THEREWITH OR INCIDENTAL THERETO. THE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PR ESIDENT 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. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITH DRAWN, SUBJECT TO THE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE ABOVE SCHEME, THE ASSESSEE SHALL HAVE LIBERTY TO AP PROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL. 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDR AWN, SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 09/12/2020. SD/- SD/- (SAKTIJIT DEY) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER ITA NO. 6589/MUM/2018 SMITH & NEPHEW HEALTHCARE 3 MUMBAI; DATED: 09/12/2020. 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./ASSTT. REGISTRAR) ITAT, MUMBAI