MONSANTO INDIA LIMITED,MUMBAI vs. DCIT RG- 10(2)(2), MUMBAI

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ITA 2301/MUM/2018Status: DisposedITAT Mumbai11 February 2021AY 2011-124 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeals, following a Madras High Court decision. The dismissal was with liberty to the assessee to seek restoration of the appeals if their declaration under the Vivad-se-Vishwas Scheme is not accepted by the Revenue.

What were the facts?

The assessee had filed an application under the Vivad-se-Vishwas Scheme, 2020, for the assessment year 2011-12. This scheme provides a mechanism for settling tax disputes.

What were the issues?

Whether the appeals should be kept pending when the assessee has opted for the Vivad-se-Vishwas Scheme. The issue of the scheme's applicability and its impact on pending appeals.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VIRTUAL COURT

For Appellant: Ms. Jasmin
For Respondent: Shri Sanjay Sethi
Hearing: 11/02/2021Pronounced: 11/02/2021

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

These cross appeals in 2123/Mum/2018 for A.Y.2011-12 arise out of the order by the ld. Commissioner of Income Tax (Appeals)-17, Mumbai in appeal No.CIT(A)-17/IT-387/14-15 dated 31/01/2018 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 23/02/2015 by the ld. Dy. Commissioner of Income Tax-10(2)(2), Mumbai (hereinafter referred to as ld. AO).

2.

At the outset, the ld. Counsel for the assessee stated in letter dated 08/02/2021 that assessee had preferred an application under Vivad-se-Vishwas Scheme 2020 in respect of the aforesaid assessment years by filing Form No.3 before the competent authority.

3.

We have heard rival submissions and perused the materials available on record. Since, the assessee had already filed an application under direct tax “Vivad Se Viswas Scheme Act 2020”, there is no need to keep the appeal pending before us in view of the decision of Hon'ble Madras High Court in the case of Nannusamy Mohan (HUF) vs. ACIT in T.C.A. No.372 of 2020 dated 16.10.2020, wherein the Hon‟ble High Court after considering the intention of the assessee to avail the benefit of „Vivad se Vishwas Scheme-2020‟ (VSV scheme), had dismissed the appeal by observing in Para 7 to 9 as under:-

2123/Mum/2018 M/s. Bayer Cropscience Ltd., (Successor to Monsanto India Limited)

“7. As observed, the assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration to be filed by the assessee under Section 4 of the said Act is not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer without insisting upon any application to be filed for condonation of delay in restoration of the appeal and on such request made by the assessee by filing a Miscellaneous Petition for Restoration, the Registry shall place such petition before the Division Bench for orders.

8.

In the light of the above, we direct the appellant/ assessee to file the Form No.I on or before 20.11.2020 and the competent authority shall process the application/ declaration in accordance with the Act and pass appropriate orders as expeditiously as possible preferably within a period of 6 (6) weeks from the date on which the declaration is filed in the proper form.

9.

With this declaration, the Tax Case appeal stands disposed of with the aforementioned liberty and Consequently the Substantial Question of Law are left upon. No costs.”

4.

In the light of the view taken by Hon‟ble Madras High Court cited (supra), we also give liberty to the assessee to get the appeal restored in the event that the assessee does not succeed on the declaration filed by the assessee under direct tax “Vivad Se Viswas Scheme-2020”. In other words if the assessee‟s declaration to be filed is not accepted by the Revenue for any reason whatsoever, the assessee can make a prayer before the Bench for recalling of the order by filing a miscellaneous application for restoration of appeal. The Registry will place such petition before the Bench concerned.

2123/Mum/2018 M/s. Bayer Cropscience Ltd., (Successor to Monsanto India Limited)

5.

In view of the aforesaid observations, we dismiss these cross appeals with a liberty to get them recalled in the eventuality of assessee‟s declaration not getting accepted by the Revenue.

6.

In the result, the appeal of the assessee as well as that of the revenue are dismissed.

Order pronounced in open Court on 11/02/2021.

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