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Income Tax Appellate Tribunal, MUMBAI BENCH “C” MUMBAI
Before: SHRI C.N. PRASAD & SHRI N.K. PRADHAN
ORDER PER N.K. PRADHAN, A.M.
The captioned appeals by the Revenue and cross-objections by the assessee are directed against the order passed by the Commissioner of Income Tax (Appeals)-1, Chennai and arise out of the assessment completed u/s 143(3) of the Income Tax Act, 1961 (the Act).
2. The assessee has filed a letter dated 22.12.2020 in respect of the following appeals :
Sr. No. Asst. Year by 1. 2011-12 295/CHNY-2016 Department
2011-12 CO. No. 057/CHNY-2016 Assessee 3. 2012-13 629/CHNY-2017 Department 4. 2012-13 CO No. 062/CHNY-2017 Assessee Referring to the above letter, the Ld. counsel for the assessee submits that the assessee-company has filed application under the Vivad Se Vishwas Scheme, 2020 seeking the dispute resolution in respect of the abovementioned pending appeals ; the relevant application was e-filed on 23.06.2020 in Form No. 1 and Form No. 2 as per Rules prescribed by the CBDT. It is stated that now the assessee-company is in receipt of Form No. 3 i.e. Form for certificate under sub-section (1) of section 5 of the Direct Tax Vivad Se Vishwas Act, 2020 dated 17.12.2020 and as per the said Form, the application of the assessee-company under the Vivad Se Vishwas Scheme, 2020 is accepted and the assessee is asked to make the payment of taxes, if any. Further, as per the requirement of the Scheme, the details of payment made pursuant to certificate issued in Form No. 3 shall be furnished along with proof of withdrawal of appeal/objection/application/writ etc. by the declarant to the designated authority in Form No. 4 within stipulated time. Thus the Ld. counsel submits that the assessee would like to withdraw the above appeal and cross-objections.
We brought to the attention of the Ld. Departmental Representative (DR) the above submission of the appellant.
We have heard the Ld. counsel for the assessee, Ld. DR 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 Ors 4 M/s Chennai Network 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 22.12.2020 filed by the assessee 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 the cross-objections filed by the assessee as withdrawn. The appeals filed by the revenue are dismissed as infructuous. However, liberty is granted to the assessee as well as the revenue to seek the restoration of the appeal/cross-objection 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/cross-objection 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 cross-objections filed by the assessee are dismissed as withdrawn; the appeals filed by the revenue are dismissed as infructuous subject to the observation above.
Order pronounced in the open Court on 04.02.2021.