KODAK GRAPHIC COMMUNICATIONS P. LTD ( SINCE MERGED IWTH KODAK INDIA P.LTD),MUMBAI vs. ASST CIT 10(1), MUMBAI

ITA 3087/MUM/2012Status: DisposedITAT Mumbai20 January 2021AY 2007-083 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The tribunal dismissed the appeals as withdrawn, taking into account the assessee's declaration under the Vivad Se Vishwas Act. Liberty was granted to the assessee to seek restoration if the declaration is deemed void by the Department.

What were the facts?

The assessee filed declarations under the Direct Tax Vivad Se Vishwas Act, 2020, for resolution of tax disputes. The assessee informed the tribunal that they were awaiting a certificate from the designated authority determining the amount payable.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for resolution under the Direct Tax Vivad Se Vishwas Act, 2020.

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, MUMBAI BENCH “K” MUMBAI

Before: SHRI VIKAS AWASTHY & SHRI N.K. PRADHAN

For Appellant: Mr. Raunak Vardhan, AR

For Respondent: Mr. Sushil Kumar Mishra, DR

Hearing: 20/01/2021Pronounced: 20/01/2021

ORDER PER N.K. PRADHAN, A.M. The captioned appeals filed by the assessee are directed against the order of the Commissioner of Income Tax (Appeals) –15, Mumbai and arise out of assessment completed u/s 143 (3) (ii) of the Income Tax Act, 1961 (‘the Act’).

The Ld. counsel for the appellant has filed a letter dated 18.01.2021 stating that they have filed declarations in Form -1 and Form-2 under the & 3426/M/2014 2 Kodak Graphic Communications India P. Ltd. Direct Tax Vivad Se Vishwas Act, 2020 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 18.01.2021 filed by the appellant and keeping in view the decision of the Hon’ble Madras High Court in the case of M/s Nannusamy Mohan (HUF) v. ACIT (TCA No. 372 of 2020, order dated 16.10.2020), we are inclined to dismiss these appeals as withdrawn. However, liberty is granted to the assessee to seek the restoration of these appeals 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 seeks restoration of these appeals by filing miscellaneous application, the delay if any would be condoned without insisting upon filing any application for condonation of delay. & 3426/M/2014 3 Kodak Graphic Communications India P. Ltd.

In the result, the appeals are dismissed as withdrawn, subject to the observation above. Order pronounced in the open Court on 20/01/2021.

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