BAYER MATERIALSCIENCE P.LTD, MUMBAI V. ADDL CIT RG 10(3), MUMBAI

ITA 6973/MUM/2012

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1303 (ITAT-MUMBAI)
• Duration Of Justice: 8 year(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2008-2009
• Appeal Filed On: 20-11-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUNIL DESH
• Section: 144C

Judgement Text

ITA NO. 6973/MUM/2012 ASSESSMENT YEAR: 2008 - 09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI K BENCH, MUMBAI [CORAM: PRAMOD KUMAR (VICE PRESIDENT) AND SAKTIJIT DEY (JUDICIAL MEMBER)] ITA NO. 6973/MUM/2012 ASSESSMENT YEAR: 2008 - 09 BAYER MATERIAL PRIVATE LIMITED., .APPELLANT OLYMPIA, FIRST FLOOR, CENTRAL AVENUE, HIRANANDANI GARDENS, POWAI, MUMBAI 400076 [PAN: AAACB2419H] VS ACIT, RANGE 10(3) ..........RESPONDENT MUMBAI APPEARANCES BY JASMIN AMALSADVALA FOR THE APPELLANT SUNIL DESHPANDE FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : NOVEMBER 27 TH , 2020 DATE OF PRONOUNCEMENT : NOVEMBER 2 7 T H , 2020 ORDER PER PRAMOD KUMAR, VP: 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 21.08.2012 PASSE D BY THE LEARNED CIT(A) - 1 , MUMBAI IN THE MATTER OF ASSESSMENT U/S.143(3) R.W.S. 144C OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2008 - 09. 2. WHEN THIS APPEAL WAS 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 (ACT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. HE SUBMITTED THAT UPON COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHDRAW THE APPEAL. IN ITA NO. 6973/MUM/2012 ASSESSMENT YEAR: 2008 - 09 PAGE 2 OF 2 RESPONSE TO THE SUGGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEAL ARE PROTECTED, IN THE EVENT OF, FOR SOME UNFORESEE N REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3. THE LD. DR ALSO DID NOT OBJECT TO COURSE SO SUGGESTED. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNFORESEEN EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME, THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. 5. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. PRONOUNCED IN THE OPE N COURT TODAY ON THE 2 7 T H NOVEMBER, 2020. S D / - S D / - SAKTIJIT DEY PRAMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) MUMBAI, DATED THE 2 7 T H DAY OF NOVEMBER, 2020 NISHANT VERMA, 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