ACIT 13(3)(2), MUMBAI V. YOU BRODBAND & CABLE INDIA LTD, MUMBAI

ITA 7596/MUM/2016

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4404 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 8 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 27-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA
• Keywords: Condonation of delay
• Section: 201; 13; 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G MUMBAI BEFORE SHRI AMARJIT SINGH ( JUDICIAL MEMBER ) AND SHRI MANOJ KUMAR AGGARWAL ( ACCOUNTANT MEMBER ) ( HEARING THROUGH VIDEO CONFERENCING MODE ) ITA NO . 7596 / MUM / 201 6 ASSESSMENT YEAR : 2012 - 13 ACIT - 13 ( 3 )( 2 ) ROOM NO . 229, 2 ND FLOOR, AAYAKAR BHAVAN, M . K . ROAD, MUMBAI - 400020 . VS . M / S . YOU BROADBAND & CABLE INDIA LTD . PLOT NO . 54, MAROL CO - OPERATIVE INDUSTRIAL ESTATE, MAKWANA ( EAST ) , MUMBAI - 400059 . PAN NO . AABCB 6062 F APPELLANT RESPONDENT ITA . NO . 7612 / MUM / 201 6 ASSESSMENT YEAR : 2012 - 1 3 M / S . YOU BROADBAND & CABLE INDIA LTD . PLOT NO . 54, MAROL CO - OPERATIVE INDUSTRIAL ESTATE, MAKWANA ( EAST ) , MUMBAI - 400059 . VS . D CIT - 13 ( 3 )( 2 ) ROOM NO . 229, 2 ND FLOOR, AAYAKAR BHAVAN, M . K . ROAD, MUMBAI - 400020 . PAN NO . AABCB 6062 F APPELLANT RESPONDENT REVENUE BY : SHRI T . S . KHALSA , DR ASSESSEE BY : MS . URVI MEHTA , AR DATE OF HEARING : 14 / 0 9 / 2021 DATE OF PRONOUNCEMENT : 14 / 09 / 2021 ITA NO. 7596 / M UM / 20 16 & ITA . NO. 7612 / M UM / 201 6 2 A . Y . 2012 - 13 ORDER PER : AMARJIT SINGH , ( J M ) THE PRESENT APPEAL FILED BY THE REVENUE AS WELL AS ASSESSEE ARE AGAINST THE COMMON ORDER OF COMMISSIONER OF INCOME TAX ( APPEALS ) - 21 , MUMBAI [ IN SHORT CIT ( A )] FOR THE ASSESSMENT YEAR 201 2 - 1 3 DATED 17 . 10 . 201 6 AND ARISES OUT OF ASSESSMENT COMPLETED U / S 143 ( 3 ) R . W . S . 147 OF THE INCOME TAX ACT, 1961 ( IN SHORT THE ACT ). 2 . AT THE OUTSET, THE LD . AR SUBMITTED THAT ASSESSEE HAS PREFERRED TO SETTLE THE ISSUE UNDER VIVAD SE VISHWAS ACT, 2020 AND RELEVANT INFORMATI ON IS FILED VIDE LETTER DATED 16 . 0 2 . 2021 AND SUBMITTED THAT IT HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 ( ACT 3 OF 2020 ) AND CONFIRMED THE RECEIPT OF FORM - 3 . 3 . THE LD . DR ALSO DID NOT OBJECT TO COURSE SO SUGGESTED . 4 . HEARD THE LEARNED COUNSELS FOR BOTH THE PARTIES AND PERUSED MATERIAL ON RECORD . CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT WITHDRAWAL OF THE PRESENT APPEAL, AS IT HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL AT THIS STAGE . HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RESTORATION OF THIS APPEAL IN THE EVENT THE APPLICATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME IS NOT ACCEPTED BY THE DEPARTMENT . IT IS FURTHER MADE CLE AR THAT IN SUCH EVENTUALITY IF THE ASSESSEE SEEKS RESTORATION OF THE PRESENT APPEAL BY FILING MISC . APPLICATION, THE DELAY, IF ANY, SHOULD BE CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR CONDONATION OF DELAY . THIS IS IN VIEW OF THE DECISION O F THE HON BLE MADRAS HIGH COURT IN ORDER DATED 16TH OCTOBER 2020, DELIVERED IN ITA NO. 7596 / M UM / 20 16 & ITA . NO. 7612 / M UM / 201 6 3 A . Y . 2012 - 13 M / S . NANNUSAMY MOHAN ( HUF ) V / S ACIT , TCA NO . 372 OF 2020 . WITH THE AFORESAID OBSERVATIONS, THE APPEAL IS DISMISSED AS WITHDRAWN . 5 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE AND THE APPEAL FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN . ORDER PR ONOUNCED IN THE OPEN COURT ON 14 / 0 9 / 2021 . SD / - SD / - ( MANOJ KUMAR AGGARWAL ) ( AMARJIT SINGH ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED : 14 / 0 9 / 2021 VIJAY PAL SINGH ( SR . PS ) 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