SMITH & NEPHEW HEALTHCARE P. LTD,MUMBAI vs. ITO 11(2)(4), MUMBAI

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ITA 1905/MUM/2017Status: DisposedITAT Mumbai08 December 2020AY 2012-133 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The Tribunal dismissed the appeals as withdrawn, allowing the assessee to revive the appeals if the settlement under the Vivad Se Vishwas scheme is not successful.

What were the facts?

The assessee filed appeals before the ITAT for assessment years 2012-13 and 2013-14. The assessee informed the tribunal that they were in the process of filing an application under the Direct Tax Vivad Se Vishwas Act, 2020 to settle the pending matters.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas scheme, with a provision for revival.

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. Sunil Umap, DR
Hearing: 08/12/2020Pronounced: 08/12/2020

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

The captioned appeals filed by the assessee are directed against the order passed by the Income Tax Officer-11(2)(4), 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, & 5947/Mum/2017 2 M//s Smith & Nephew 2020 for the captioned years, vide Form Nos. 1 & 2 of the Direct Tax Vivad Se Vishwas, Rules, 2020 to settle the matters pending before the Tribunal.

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 counsel fairly accepts that they have no objection to the appeal being dismissed as withdrawn as long as their right for revival of the appeal is protected, in the event of some unfortunate reason, the matter being not settled under the above Scheme.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. & 5947/Mum/2017 3 M//s Smith & Nephew 4. In the result, the appeals are dismissed as withdrawn, subject to the observation above.

Order pronounced in the open Court on 08/12/2020.

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