ASTEC LIFE SCIENCES LTD, MUMBAI V. DCIT 2(1)(1), MUMBAI

ITA 6656/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1210 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 26-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Keywords: Condonation of delay
• Section: 201; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL , ACCOUNTANT MEMBER ITA NO. 6656 /MUM. /201 8 ( ASSESSMENT YEAR : 20 13 14 ) ASTEC LIFES CIENCES LTD. 3 RD FLOOR, GODREJ ONE , PIROJSHANAGAR ESTERN EXPRESS HIGHWAY, VIKHROLI (E) MUMBAI 400 079 PAN AAACA4832D . APPELLANT V/S DY. COMMISSIONER OF INCOME TAX CIRCLE 2(1)(1), MUMBAI . RESPONDENT ASSESSEE BY : SHRI AKRAM KHAN REVENUE BY : SHRI BRAJENDRA KUMAR DATE OF HEARING 01 .1 2 .2020 DATE OF ORDER 01.12.2020 O R D E R PER SAKTIJIT DEY. J.M. THE CAPTIONED APPEAL HAS BEEN FILED BY THE ASSESSEE CHALLENGING THE ORDER DATED 11 TH SEPTEMBER 2018 , PASSED BY THE LEARNED COMMISSIONER (APPEALS) 4, MUMBAI, PERTAINING TO THE ASSESSMENT YEAR 201 3 14 . 2. BEFORE US, THE LEANED COUNSEL FOR THE ASSESSEE BY WAY OF LETTER DATED 30 TH NOVEMBER 2020 SUBMITTED THAT THE ASSESSEE IS IN THE PROCESS OF FILING THE D ECLA RATION AS REQUIRED UNDER THE DIRECT TAX VIVAD 2 ASTEC LIFES CIENCES LTD. SE VISHWAS ACT, 2020, IN RESPECT OF THE DISPUTE ARISING IN THE PRESENT APPEAL. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. THE HONBLE MADRAS HIGH COURT IN ORDER DATED 16.10.2020 I N CASE OF M/S . NANNUSAMY MOHAN (HUF) V/S ACIT, TCA NO.372/2020, HAS DISPOSED OFF THE APPEAL FILED BY THE ASSESSEE WITH A DIRECTION TO FILE APPLICATION UNDER VIVAD SE VISHWAS SCHEME. FURTHER, THE HONBLE MADRAS HIGH COURT HAS OBSERVED THAT IN THE EVENT THE DECLARATION FILED BY THE ASSESSEE UNDER THE VIVAD SE VISHWAS SCHEME IS NOT IN FAVOUR OF THE ASSESSEE, IT WILL BE OPEN TO THE ASSESSEE TO SEEK RESTORATION OF THE APPEAL AND ON SUCH PRAYER OF THE ASSESSEE, THE REGISTRY WILL NOT INSIST UPON FILING ANY APPLICA TION FOR CONDONATION OF DELAY. IN VIEW OF THE AFORESAID DECISION OF THE HONBLE MADRAS HIGH COURT, WE ARE INCLINED TO DISMISS THE PRESENT APPEAL KEEPING IN VIEW THE FACT THAT THE ASSESSEE INTENDS TO SETTLE THE DISPUTE RAISED IN THE PRESENT APPEAL UNDER VIV AD SE VISHWAS ACT,2020. HOWEVER, WE MAKE IT CLEAR, IN THE EVENT OF NON ACCEPTANCE OF ASSESSEES DECLARATION UNDER VIVAD SE VISHWAS SCHEME, THE ASSESSEE WOULD BE AT LIBERTY TO FILE A MISCELLANEOUS APPLICATION SEEKING RECALL OF THIS ORDER. IT IS FURTHER MADE CLEAR, THE REGISTRY SHOULD NOT INSIST UPON FILING ANY APPLICATION SEEKING CONDONATION OF DELAY IF THERE IS ANY DELAY IN FILING THE MISCELLANEOUS APPLICATION. 3 ASTEC LIFES CIENCES LTD. 4. IN THE RESULT, APPEAL IS DISMISSED WITH AFOREMENTIONED LIBERTY. ORDER PRONOUNCED IN THE OPEN CO URT ON 01.12.2020. SD/ - MANOJ KUMAR AGGARWAL ACCOUNTANT MEMBER SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 01.12.2020. COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI