DCIT CEN CIR 8(1), MUMBAI V. PREMIUM TRANSPORT P. LTD, KOLKATTA

ITA 7678/MUM/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4880 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 1 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 30-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: JAS SANGHAVI
• Section: 143(3); 153C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C MUMBAI BEFORE SHRI C.N. PRASAD (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 7678/MUM/2016 ASSESSMENT YEAR: 2009-10 DCIT, CENTRAL CIRCLE-8(1), ROOM NO. 656, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400 020. VS. M/S PREMIUM TRANSPORT PVT. LTD., 31, CHOWRINGHEE ROAD, PARK STREET, KOLKATA-700 016 PAN NO. AAECP 8957 E APPELLANT RESPONDENT REVENUE BY : MS. SHREEKALA PARDESHI, DR ASSESSEE BY : MR. JAS SANGHAVI, AR DATE OF HEARING : 11/02/2021 DATE OF PRONOUNCEMENT : 11/02/2021 ORDER PER N.K. PRADHAN, A.M. THIS IS AN APPEAL FILED BY THE REVENUE. THE RELEVAN T ASSESSMENT YEAR IS 2009-10. THE APPEAL IS DIRECTED AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX (APPEALS)-50, MUMBAI [IN SHORT CIT(A)] AND ARISES OUT OF ASSESSMENT COMPLETED U/S 143(3) R.W.S. 153C THE INC OME TAX ACT 1961, (THE ACT). 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITS THAT TH E RESPONDENT HAS FILED DECLARATION UNDER THE DIRECT TAX VIVAD SE VISHWAS S CHEME, 2020 AND FORM NO. 3 HAS BEEN ISSUED BY THE INCOME TAX DEPARTMENT. WE DREW THE ATTENTION OF THE LD. DEPARTMENTAL REPR ESENTATIVE TO THE ABOVE SUBMISSION. ITA NO. 7678/MUM/2016 M/S PREMIUM TRANSPORT PVT. LTD. 2 3. WE HAVE HEARD THE LD. COUNSELS AND PERUSED THE RELEVANT MATERIALS ON RECORD. THE GOVERNMENT OF INDIA ENACTED THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT NO. 3 OF 2020) TO PROVIDE FOR RESOLU TION OF DISPUTED TAX AND FOR MATTER CONNECTED THEREWITH OR INCIDENTAL THERET O. THE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PRESIDENT ON 17.03.2020 AND WAS 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. CONSIDERING THE STATEMENT OF THE LD. COUNSEL AND KE EPING IN VIEW THE DECISION OF THE HONBLE MADRAS HIGH COURT IN THE CA SE OF M/S NANNUSAMY MOHAN (HUF) V. ACIT (TCA NO. 372 OF 2020, ORDER DATED 16.10.2020), WE ARE INCLINED TO DISMISS THIS APPEAL FILED BY THE RE VENUE AS INFRUCTUOUS. HOWEVER, LIBERTY IS GRANTED TO THE REVENUE TO SEEK THE RESTORATION OF THE APPEAL IN THE EVENT THE DECLARATION FILED BY THE AS SESSEE UNDER THE AFORESAID ACT IS CONSIDERED VOID BY THE DEPARTMENT. IT IS FUR THER MADE CLEAR, IN SUCH EVENTUALITY, IF THE REVENUE SEEKS RESTORATION OF TH E APPEAL BY FILING MISCELLANEOUS APPLICATION, THE DELAY IF ANY WOULD B E CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR CONDONATI ON OF DELAY. 4. IN THE RESULT, THE APPEAL FILED BY REVENUE IS DI SMISSED AS INFRUCTUOUS SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 11/02/2021. SD/- SD/- (C.N. PRASAD) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER ITA NO. 7678/MUM/2016 M/S PREMIUM TRANSPORT PVT. LTD. 3 MUMBAI; DATED: 11/02/2021 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./ASSISTANT REGISTRAR) ITAT, MUMBAI