M/S MORTEX INDUSTRIES PVT. LTD.,MUMBAI vs. ITO, 12(3)(4), MUMBAI

PDF · subscribers
ITA 2861/MUM/2019Status: DisposedITAT Mumbai22 December 2020AY 2009-103 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 acknowledged the assessee's intention to settle the dispute under the Vivad Se Vishwas Scheme. The appeal was dismissed, with liberty to seek restoration if the declaration is not accepted.

What were the facts?

The assessee filed an appeal against the assessment order for AY 2009-10. The assessee sought an adjournment to complete formalities under the Vivad Se Vishwas Scheme.

What were the issues?

Whether the appeal should be adjourned or dismissed in light of the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC” MUMBAI

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

For Respondent: Ms. Smita Verma, DR
Hearing: 22/12/2020

ORDER PER N.K. PRADHAN, A.M.

This is an appeal filed by the assessee. The relevant assessment year is 2009-10. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-21, Mumbai [in short ‘CIT(A)’] and arises out of the assessment completed u/s 143(3) r.w.s. 147 the Income Tax Act 1961, (the ‘Act’).

2.

The Ld. counsel for the appellant has filed a letter dated 21.12.2020 stating that the assessee has already filed Form No. 1 & 2 under “Vivad Se

2 Morex Industries Pvt. Ltd. Vishwas Scheme” for the captioned year and therefore, an adjournment may be given till the formalities with respect to the above is completed.

3.

We have heard the 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 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 submission 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 this appeal. However, liberty is granted to the assessee to seek the restoration of this appeal in the event the declaration filed under the aforesaid Scheme is not accepted by the Department. It is further made clear, in such eventuality, if the assessee seeks restoration of this appeal by filing miscellaneous application, the delay if any would be condoned without insisting upon filing any application for condonation of delay.

3 Morex Industries Pvt. Ltd. 4. In the result, the appeal is dismissed, subject to the observation above.

Order pronounced in the open Court on 22/12/2020.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →