WELSPUN ENTERPRISES LIMITED, MUMBAI v. ACIT- 8(3)(2), MUMBAI

ITA 2783/MUM/2018 | 2013-2014
Pronouncement Date: 02-03-2021 | Result: Dismissed

Appeal Details

RSA Number 278319914 RSA 2018
Assessee PAN AABCW3241P
Bench Mumbai
Appeal Number ITA 2783/MUM/2018
Duration Of Justice 2 year(s) 9 month(s) 28 day(s)
Appellant WELSPUN ENTERPRISES LIMITED, MUMBAI
Respondent ACIT- 8(3)(2), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 02-03-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted G
Tribunal Order Date 02-03-2021
Last Hearing Date 30-05-2019
First Hearing Date 30-05-2019
Assessment Year 2013-2014
Appeal Filed On 04-05-2018
Judgment Text
THE INCOME TAX APPELLATE TRIBUNAL G BENCH MUMBAI SHRI SHAMIM YAHYA (AM) & SHRI AMARJIT SINGH (JM) I.T.A. NO. 2783/MUM/2018 (ASSESSMENT YEAR 2013-14) M/S. WELSPUN ENTERPRISES LIMITED WELSPUN HOUSE 7 TH FLOOR KAMALA MILLS COMPOUND SENAPATI BAPAT MARG LOWER PAREL MUMBAI-400 013. PAN : AABCW3241P VS. ACIT-8(3)(2) ROOM NO. 615 6 TH FLOOR AAYAKAR BHAVAN M.K. ROAD MUMBAI-400 020. (APPELLANT) (RESPONDENT) ASSESSEE BY SHRI ROMIT JAIN DEPARTMENT BY SHRI T.S. KHALSA DATE OF HEARING 02.03.2021 DATE OF PRONOUNCEMENT 02.03.2021 O R D E R PER SHAMIM YAHYA (AM) :- THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) [IN SHORT LEAR NED CIT(A)] DATED 01.02.2018 AND PERTAINS TO ASSESSMENT YEAR 2013-14. 2. AT THE OUTSET LEARNED COUNSEL OF THE ASSESSEE S UBMITTED THAT ASSESSEE HAS OPTED FOR SOLUTION OF DISPUTE UNDER THE VIVAD S E VISHWAS SCHEME. 3. WE NOTE THAT IN A SIMILAR SITUATION HON'BLE MAD RAS HIGH COURT HAS IN AN APPEAL IN THE CASE OF M/S. NANNUSAMY MOHAN (HUF) VS . ACIT VIDE ORDER DATED 16.10.2020 HELD AS UNDER :- 3. THE LEARNED COUNSEL FOR THE APPELLANT/ASSESSEE ON INSTRUCTIONS SUBMITTED THAT THE APPELLANT/ASSESSEE INTENDS TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME (VVS SCHEME FOR BREVITY) AND IN THI S REGARD THE ASSESSEE IS TAKING STEPS TO FILE THE APPLICATION/DECLARATION IN FOR M NO. I. M/S. WELSPUN ENTERPRISES LIMITED 2 4. IT MAY NOT BE NECESSARY FOR THIS COURT TO DECIDE THE SUBSTANTIAL QUESTIONS OF LAW FRAMED FOR CONSIDERATION ON ACCOUNT OF CERTAIN SUBSEQUENT DEVELOPMENTS. THE GOVERNMENT OF INDIA ENACTED THE DIR ECT TAX VIVAD SE VISHWAS ACT 2020 (ACT 3 OF 2020) TO PROVIDE FOR RESO LUTION OF DISPUTED TAX AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. T HE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PRESIDENT ON 17 TH MARCH 2020 AND PUBLISHED IN THE GAZETTE OF INDIA ON 17 TH MARCH 2020. 5. IN TERMS OF THE SAID ACT THE ASSESSEE HAS BEEN G IVEN AN OPTION TO PUT AN END TO THE TAX DISPUTES WHICH MAY BE PENDING AT DIFF ERENT LEVELS EITHER BEFORE THE FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL O R BEFORE THE HIGH COURT OR BEFORE THE HON'BLE SUPREME COURT OF INDIA. UNDER S ECTION 2(J) DISPUTED TAX HAS BEEN DEFINED. IN TERMS OF SECTION 3 WHERE A DECLARANT MEANS A PERSON WHO FILES A DECLARATION UNDER SECTION 4 ON OR BEFORE THE LAST DATE FILES A DECLARATION TO THE DESIGNATED AUTHORITY IN ACCORDANC E WITH THE PROVISIONS OF SECTION 4 IN RESPECT OF TAX ARREARS THEN NOTWITHSTAND ING ANYTHING CONTAINED IN THE INCOME TAX ACT OR ANY OTHER LAW FOR THE TIME BE ING IN FORCE THE AMOUNT PAYABLE BY THE DECLARANT SHALL BE DETERMINED IN TERM S OF SECTION 3(A-C) THEREUNDER. 6. THE FIRST PROVISO TO SECTION 3 STATES THAT IN CASE W HERE AN APPEAL OR WRIT PETITION OR SPECIAL LEAVE PETITION IS FILED BY T HE INCOME TAX AUTHORITY ON ANY ISSUE BEFORE THE APPELLATE FORUM THE AMOUNT PAYAB LE SHALL BE ONE-HALF OF THE AMOUNT IN THE TABLE STIPULATED IN SECTION 3 CALCUL ATED ON SUCH ISSUE IN SUCH A MANNER AS MAY BE PRESCRIBED. THE SECOND PROV ISO DEALS WITH THE CASES WHERE THE MATTER IS BEFORE THE COMMISSIONER ( APPEALS) OR BEFORE THE DISPUTE RESOLUTION PANEL. THE THIRD PROVISO DEALS W ITH CASES WHERE THE ISSUE IS PENDING BEFORE THE INCOME TAX APPELLATE TRIBUNAL. THE FILING OF THE DECLARATION IS AS PER SECTION 4 OF THE ACT AND THE PARTI CULARS TO BE FURNISHED ARE ALSO MENTIONED IN THE SUB SECTIONS OF SECTION 4 SE CTION 5 OF THE ACT DEALS WITH THE TIME AND MANNER OF THE PAYMENT AND SECTION 6 DEALS WITH IMMUNITY FROM INITIATION OF PROCEEDINGS IN RESPECT OF OFFENCE AND IMPOSITION OF PENALTY IN CERTAIN CASES. SECTION 9 OF THE ACT DEALS WITH CASES WHERE THE ACT 3 OF 2020 WILL NOT BE APPLICABLE. 7. AS OBSERVED THE ASSESSEE IS GIVEN LIBERTY TO RE STORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATI ON TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT IN FAV OUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDO NATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY TH E ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION THE REGISTRY S HALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. 8. IN THE LIGHT OF THE ABOVE WE DIRECT THE APPELLANT/A SSESSEE TO FILE THE FORM NO.I ON OR BEFORE 20.11.2020 AND THE COMPETENT AUTHORITY SHALL PROCESS THE APPLICATION/DECLARATION IN ACCORDANCE WITH THE ACT A ND PASS APPROPRIATE ORDERS AS EXPEDITIOUSLY AS POSSIBLE PREFERABLY WITHIN A PERIOD OF SIX (6) WEEKS FROM THE DATE ON WHICH THE DECLARATION IS FILED IN THE PROPER FORM. M/S. WELSPUN ENTERPRISES LIMITED 3 4. ACCORDINGLY RESPECTFULLY FOLLOWING THE ABOVE AN D NOTING THE FACT THAT THE ASSESSEE IS BEING OPTING FOR RESOLUTION OF DISPUTE UNDER VSVS SCHEME IN THE PRESENT CASE WE TREAT THIS APPEAL BEING DISPOSED O FF AS WITHDRAWN. 5. THE ASSESSEE IS GIVEN LIBERTY FOR RESTORATION OF APPEALS IN ACCORDANCE WITH PARAGRAPH 7 OF THE HON'BLE HIGH COURT ORDER AS ABOVE. 6. IN THE RESULT THIS APPEAL BY THE ASSESSEE IS DI SPOSED OF BY TREATING THE SAME AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON 2.3.2021. SD/- SD/- (AMARJIT SINGH) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED : 02/03/2021 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR ITAT MUMBAI 6. GUARD FILE. BY ORDER //TRUE COPY// ( ASSISTANT REGISTRAR) PS ITAT MUMBAI