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Income Tax Appellate Tribunal, MUMBAI BENCH “K” MUMBAI
Before: SHRI VIKAS AWASTHY & SHRI N.K. PRADHAN
2 IT (TP) A No. 1425/M/2016 & M/s Kodak India Pvt. Ltd. ORDER PER N.K. PRADHAN, A.M. The captioned cross appeals- one filed by the assessee and the other by the revenue are directed against the order u/s 143 (3) r.w.s. 144C (13) of the Income Tax Act, 1961 (‘the Act’) passed by the Assistant Commissioner of Income Tax – 14 (2) (1), Mumbai.
The Ld. counsel for the appellant has filed a letter dated 20.01.2021 stating that they have filed declarations in Form -1 and Form-2 under the Direct Tax Vivad Se Vishwas Act, 2020 on 24.12.2020 in respect of the above-mentioned appeals and are waiting for Certificate in Form-3 from the Designated Authority determining the amount payable. We brought to the attention of the Ld. Departmental Representative (DR) the above submission of the appellant.
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 resolution of disputed tax and for matter connected therewith or incidental thereto. The Act of the Parliament received the assent of the President on 17.03.2020 and 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 the First Appellate Authority or before the Tribunal or before the High Court or before the Supreme Court of India. Considering the letter dated 20.01.2021 filed by the appellant and keeping in view the decision of the Hon’ble Madras High Court in the case 3 IT (TP) A No. 1425/M/2016 & ITA No. 2021/M/2016 M/s Kodak India Pvt. Ltd. of M/s Nannusamy Mohan (HUF) v. ACIT (TCA No. 372 of 2020, order dated 16.10.2020), we are inclined to dismiss the appeal filed by the assessee as withdrawn. The appeal filed by the revenue is dismissed as infructuous. However, liberty is granted to the assessee as well as the revenue to seek the restoration of the appeal in the event the declaration filed under the aforesaid Act is considered void by the Department. It is further made clear, in such eventuality, if the assessee as well as the revenue seeks restoration of the appeal by filing miscellaneous application, the delay if any would be condoned without insisting upon filing any application for condonation of delay.
In the result, the appeal filed by the assessee is dismissed as withdrawn; the appeal filed by the revenue is dismissed as infructuous subject to the observation above. Order pronounced in the open Court on 21/01/2021.