DCIT 14(3)(1), MUMBAI v. RELIANCE BIG ENTERTAINMENT P. LTD, MUMBAI

ITA 3965/MUM/2019 | 2014-2015
Pronouncement Date: 25-03-2021 | Result: Dismissed

Appeal Details

RSA Number 396519914 RSA 2019
Assessee PAN AAFCA6658L
Bench Mumbai
Appeal Number ITA 3965/MUM/2019
Duration Of Justice 1 year(s) 9 month(s) 22 day(s)
Appellant DCIT 14(3)(1), MUMBAI
Respondent RELIANCE BIG ENTERTAINMENT P. LTD, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 25-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted J
Tribunal Order Date 25-03-2021
Last Hearing Date 28-12-2020
First Hearing Date 28-12-2020
Assessment Year 2014-2015
Appeal Filed On 03-06-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL J BENCH MUMBAI BEFORE : SHRI C.N. PRASAD JUDICIAL MEMBER & SHRI M.BALAGANESH A CCOUNTANT M EMBER ITA NO. 3965 /MUM/ 20 19 ( ASSESSMENT YEAR : 2014 - 1 5 ) & ITA NO. 3966 /MUM/ 2019 ( ASSESSMENT YEAR : 2013 - 14 ) DCIT - 14(3)(1) ROOM NO.455 4 TH FLOOR AAYAKAR BHAVAN M.K.ROAD MARINE LINES MUMBAI 400 020 VS. M/S. RELIANCE BIG ENTERTAINMENT PVT. LTD. 502 PLOT NO.91/94 RELIANCE CENTRE NEAR PRABHAT COLONY OFF. W.E. HIGHWAY SANTACRUZ EAST MUMBAI 400 055 PAN /GIR NO. AAFCA6658L (APPELLANT ) .. (RESPONDENT ) ITA NO. 2860 /MUM/ 2019 ( ASSESSMENT YEAR : 2014 - 15 ) M/S. RELIANCE BIG ENTERTAINMENT PVT. LTD. 8 TH FLOOR RELIANCE CENTRE OFF WESTERN EXPRESS HIGHWAY SANTACRUZ EAST MUMBAI 400 055 VS. DCIT - 14(3)(1) ROOM N O.455 4 TH FLOOR AAYAKAR BHAVAN M.K.ROAD MARINE LINES MUMBAI 400 020 PAN/GIR NO. AAFCA6658L (APPELLANT ) .. (RESPONDENT ) ITA NO . 3965/MUM/2019 AND OTHER APPEALS M/S. RELIANCE BIG ENTERTAINMENT P. LTD. 2 ASSESSEE BY SHRI AMIT KHATIWALLA & SHRI JITENDRA SANGHAVI REVENUE BY SHRI SUNIL JHA DATE OF HEARING 25 / 03 /202 1 DATE OF PRONOUNCEMENT 25 / 03 /202 1 / O R D E R PER M. BALAGANESH (A.M) : ITA NO.3965/MUM/2019 (A.Y.2014 - 15) & ITA NO.2860/MUM/2019 (A.Y.2014 - 15) TH ESE CROSS APPEAL S IN ITA NO S . 3965/MUM/2019 & 2860/MUM/2019 FOR A.Y. 2014 - 15 ARISE OUT OF THE O RDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 57 MUMBAI IN APPEAL DATED 29/03/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) R.W.S. 144C( 3 ) OF THE INCOME TAX ACT 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 22/11/2017 BY THE LD. DY. COMMISSIONER OF INCOME TAX - 14(3)(1) MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO.3966/MUM/2019 (A.Y.2013 - 14) TH IS APPEAL IN ITA NO. 3966/MUM/2019 FOR A.Y. 201 3 - 14 ARISE OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS ) - 57 MUMBAI IN APPEAL DATED 29/03/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) R.W.S. 144C(4 ) OF THE INCOME TAX ACT 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 31/01/2017 BY THE LD. DY. COMMISSIONER OF INCOME TAX - 14(3)(1) MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO . 3965/MUM/2019 AND OTHER APPEALS M/S. RELIANCE BIG ENTERTAINMENT P. LTD. 3 2 . WE FIND THAT THE ASSESSEE FILED LETTER S DATED 03/03/2021 AND 22/01/2021 MENTIONING THAT APPLICATION HAD BEEN PREFERRED UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 2020 TO SETTLE THIS TAX DISPUTE FOR THE YEAR UNDE R CONSIDERATION AND HAD OBTAINED FORM - 3 FROM THE DESIGNATED AUTH ORITY THEREON COPY OF WHICH WERE ENCLOSED ALONGWITH THIS LETTER. 3 . WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. SINCE THE ASSESSEE HAD ALREADY FILED AN APPLI CATION UNDER DIRECT TAX VIVAD SE VISWAS SCHEME ACT 2020 THERE IS NO NEED TO KEEP THE APPEAL PENDING BEFORE US IN VIEW OF THE DECISION OF HON'BLE MADRAS HIGH COURT IN THE CASE OF NANNUSAMY MOHAN (HUF) VS. ACIT IN T.C.A. NO.372 OF 2020 DATED 16.10.2020 W HEREIN THE HONBLE HIGH COURT AFTER CONSIDERING THE INTENTION OF THE ASSESSEE TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME - 2020 (VSV SCHEME) HAD DISMISSED THE APPEAL BY OBS ERVING IN PARA 7 TO 9 AS UNDER: - 7. AS OBSERVED THE ASSESSEE IS GIVEN LIBERT Y TO RESTORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT IN FAVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHO UT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENC H FOR ORDERS. 8. IN THE LIGHT OF THE ABOVE WE DIRECT THE APPELLANT/ ASSESSEE 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 AND PASS APPROPRIATE ORDERS AS EXP EDITIOUSLY AS POSSIBLE PREFERABLY WITHIN A PERIOD OF 6 (6) WEEKS FROM THE DATE ON WHICH THE DECLARATION IS FILED IN THE PROPER FORM. ITA NO . 3965/MUM/2019 AND OTHER APPEALS M/S. RELIANCE BIG ENTERTAINMENT P. LTD. 4 9. WITH THIS DECLARATION THE TAX CASE APPEAL STANDS DISPOSED OF WITH THE AFOREMENTIONED LIBERTY AND CONSEQUENTLY THE SUBS TANTIAL QUESTION OF LAW ARE LEFT UPON. NO COSTS. 4 . IN THE LIGHT OF THE VIEW TAKEN BY HONBLE MADRAS HIGH COURT CITED (SUPRA) WE ALSO GIVE LIBERTY TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT THE ASSESSEE DOES NOT SUCCEED ON THE DECLARATION FILED BY THE ASSESSEE UNDER DIRECT TAX VIVAD SE VISWAS SCHEME - 2020. IN OTHER WORDS IF THE ASSESSEES DECLARATION TO BE FILED IS NOT ACCEPTED BY THE REVENUE FOR ANY REASON WHATSOEVER THE ASSESSEE CAN MAKE A PRAYER BEFORE THE BENCH FOR RECALLING OF THE O RDER BY FILING A MISCELLANEOUS APPLICATION FOR RESTORATION OF APPEAL. THE REGISTRY WILL PLACE SUCH PETITION BEFORE THE BENCH CONCERNED. 5 . IN VIEW OF THE AFORESAID OBSERVATIONS WE DISMISS TH ESE APPEAL S WITH A LIBERTY TO GET THE M RECALLED IN THE EVENTUALITY O F ASSESSEES DECLARATION NOT GETTING ACCEPTED BY THE REVENUE. 6 . IN THE RESULT THE APPEALS OF THE REVENUE AS WELL AS APPEAL OF THE ASSESSEE ARE DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 25/03/2021. SD/ - ( C.N. PRASAD ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 25 / 03 / 2021 KARUNA SR.PS ITA NO . 3965/MUM/2019 AND OTHER APPEALS M/S. RELIANCE BIG ENTERTAINMENT P. LTD. 5 COPY OF THE ORDER FORWARDED TO : BY ORDER ( ASSTT. REGISTRAR) ITAT MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) MUMBAI. 4. CIT 5. DR ITAT MUMB AI 6. GUARD FILE. //TRUE COPY//