MAHINDRA & MAHINDRA LIMITED COMPANY,MUMBAI vs. ACIT CIRCLE 2(2)(2), MUMBAI

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ITA 2427/MUM/2019Status: DisposedITAT Mumbai01 February 2021AY 2001-024 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 followed the decision of the Madras High Court and dismissed the appeal. The assessee was granted liberty to seek restoration of the appeal if their declaration under the Vivad Se Vishwas scheme was not accepted.

What were the facts?

The assessee had availed the 'Vivad Se Vishwas 2020' scheme and filed a necessary declaration. The appeal was pending before the ITAT.

What were the issues?

The primary issue was the pendency of the appeal before the ITAT when the assessee had opted for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI M.BALAGANESH, AM & SHRI AMARJIT SINGH, JM

For Appellant: Shri Radha Sampat
For Respondent: Shri Sanjay J. Sethi
Hearing: 01/02/2021Pronounced: 01/02/2021

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

1.

This appeal in A.Y.2001-02 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-5, Mumbai in appeal No.CIT(A)-5/ACIT-2(2)(2)/IT-8/17-18 dated 18/02/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.154 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 31/03/2017

M/s. Mahindra & Mahindra Ltd., by the ld. Asst. Commissioner of Income Tax, Circle 2(2)(2), Mumbai (hereinafter referred to as ld. AO).

2.

The ld. Counsel for the assessee Shri Radha Sampat stated that assessee had already availed “Vivad Se Vishwas 2020 scheme” and filed necessary declaration.

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

M/s. Mahindra & Mahindra Ltd.,

2. 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.

3.

In view of the aforesaid observations, we dismiss this appeal of assessee with a liberty to get the appeal recalled in the eventuality of assessee‟s declaration (to be filed) not getting accepted by the Revenue. 4. In the result, the appeal of the assessee is dismissed.

Order pronounced in the open Court on 01/02/2021.

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