SMITH & NEPHEW HEALTHCARE P. LTD,MUMBAI vs. ITO 11(2)(2), MUMBAI

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ITA 6589/MUM/2018Status: DisposedITAT Mumbai09 December 2020AY 2014-153 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The tribunal dismissed the appeal as withdrawn, subject to the condition that the assessee can seek revival of the appeal if the settlement under the Vivad Se Vishwas scheme is not successful.

What were the facts?

The assessee filed an appeal before the ITAT for AY 2014-15. The assessee informed the tribunal that they are in the process of filing an application under the Direct Tax Vivad Se Vishwas Act, 2020 to settle the matter.

What were the issues?

The primary issue was the pendency of the appeal before the tribunal while the assessee sought to resolve the dispute under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “J” MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI N.K. PRADHAN

For Appellant: Mr. M.P. Lohia, AR
For Respondent: Mr. Manpreet Duggal, DR
Hearing: 09/12/2020Pronounced: 09/12/2020

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

The appeal filed by the assessee is directed against the order passed by the Deputy Commissioner of Income Tax-11(2)(2), Mumbai u/s 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 (the Act).

2.

The Ld. counsel for the appellant/assessee submits that they are in the process of filing an application under the Direct Tax Vivad Se Vishwas Act, 2020 for the captioned year, vide Form Nos. 1 & 2 of the Direct Tax Vivad Se Vishwas, Rules, 2020 to settle the matter pending before the Tribunal.

2 Smith & Nephew Healthcare In response to the suggestion from the Bench, the Ld. counsel fairly accepts that they have no objection to the appeal being dismissed as withdrawn as long as their right for revival of the appeal is protected, in the event of some unfortunate reason, the matter being not settled under the above Scheme.

The Ld. DR has no objection to the above.

3.

We have heard the rival submissions 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.

In view of the above, we dismiss the appeal as withdrawn, subject to the rider that in the unlikely event of matter not being resolved under the above Scheme, the assessee shall have liberty to approach the Tribunal for restoration of its appeal.

4.

In the result, the appeal is dismissed as withdrawn, subject to the observation above.

Order pronounced in the open Court on 09/12/2020.

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