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

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ITA 2300/MUM/2018Status: DisposedITAT Mumbai11 January 2021AY 2010-112 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The Tribunal dismissed the appeals as withdrawn. However, it granted the assessee the liberty to approach the Tribunal for restoration if the matter was not resolved under the Vivad se Vishwas scheme.

What were the facts?

The assessee filed a declaration under the Direct Tax Vivad se Vishwas Act, 2020, and was awaiting resolution. The assessee requested to withdraw the appeal, subject to revival rights if the Vivad se Vishwas scheme did not settle the matter. The revenue did not object.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for the Vivad se Vishwas scheme, with a condition for revival.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: SHRI RAJESH KUMAR, AM & SHRI AMARJIT SINGH, JM

For Appellant: Shri. Jitendra Singh, AR
Hearing: 11/01/2021Pronounced: 11/01/2021

Heard together (2 matters)

I.T.A. No.2300/Mum/2018
I.T.A. No.2122/Mum/2018

Read from the judgment's own cause title. This page is filed under one of them.

PER AMARJIT SINGH, JM: These cross appeals filed by the assessee and revenue against the order dated 31/01/2018 passed by the Commissioner of Income Tax (Appeals)-17, Mumbai [hereinafter referred to as the “CIT(A)”] and pertains to A.Y.2010-11. 2. When these appeals were called out for hearing, the ld. Counsel of the assessee submitted that he has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) and is awaiting for final resolution of the matter under the said scheme. He submitted that upon completion of the necessary formalities, he will withdraw the appeal. In response to the suggestion from the Bench, he fairly accepted that he has no objection to the appeal being dismissed as withdrawn as long as his right for revival of the appeal is protected, in the event of, for some unfortunate reason, the matter being not settled under the Vivad se Vishwas scheme.

3.

The Ld. DR also did not object to course so suggested.

4.

In view of the above, we dismiss the appeals as withdrawn, subject to be rider that in the unlikely event of matter not being resolved under the Vivad se Vishwas scheme, the assessee shall have liberty to approach the Tribunal for restoration of his appeal.

5.

In the result, these appeals are dismissed as withdrawn – subject to the observation above.

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