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Court :
ITAT Mumbai

Brief :
 These are appeals by the assessee directed against the order of the learned CIT(A)-51, Mumbai (in short ‘the CIT(A), pertaining to the Assessment Years 2014-15 and 2015-16.

Citation :
ITA 638/MUM/2018



ITA Nos. 638/Mum/2018 &7187/Mum/2018
(Assessment Years: 2014-15 & 2015-16)

Ashapura Minechem Ltd.
C/o. H. N. Motiwalia & Co.
508, Sharda Chambers,
33, New Marine Lines,
Mumbai-400 020


Dy. CIT, Central Circle-3(3),

Appellant by : Shri Hemang Shah
Respondent by : Shri Rajeev Harit

Date of Hearing : 11.02.2021
Date of Pronouncement : 11.02.2021


Per Shamim Yahya, A. M.:

 These are appeals by the assessee directed against the order of the learned CIT(A)-51, Mumbai (in short ‘the CIT(A), pertaining to the Assessment Years 2014-15 and 2015-16.

2. At the outset, it is noted that the assessee has opted for solution of dispute under the Vivaad Se Vishwas Scheme vide letter dated 09.02.2021.

3. We note that in a similar situation, Hon'ble Madras High Court has in an appealin 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, submittedthat the appellant / assessee intends to avail the benefit of Vivad Se Vishwas Scheme(‘VVS Scheme’ for brevity) and in this regard, the assessee is taking steps to file the application / declaration in Form No. I.

4. It may not be necessary for this Court to decide the Substantial Questions ofLaw framed for consideration on account of certain subsequent developments. TheGovernment of India enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3 of 2020) to provide for resolution of disputed tax and for matters connected therewithor incidental thereto. The Act of the Parliament received the assent of the President on 17th March 2020 and published in the Gazette of India on 17th March 2020. 

5. In terms of the said Act, the assessee has been given an option to put an end tothe tax disputes, which may be pending at different levels either before the FirstAppellate Authority or before the Tribunal or before the High Court or before theHon'ble Supreme Court of India. Under Section 2(j) “disputed tax” has beendefined. In terms of Section 3, where a declarant means a person, who files adeclaration under Section 4 on or before the last date files a declaration to thedesignated authority in accordance with the provisions of Section 4 in respect of tax arrears, then, notwithstanding anything contained in the Income Tax Act or anyother law for the time being in force, the amount payable by the declarant shall be determined in terms of Section 3(a-c) thereunder.

6. The First Proviso to Section 3 states that in case, where an Appeal or WritPetition or Special Leave Petition is filed by the Income Tax authority on any issuebefore the Appellate Forum, the amount payable shall be one-half of the amount inthe table stipulated in Section 3 calculated on such issue, in such a manner as maybe prescribed. The second proviso deals with the cases, where the matter is before the Commissioner (Appeals) or before the Dispute Resolution Panel. The thirdproviso deals with cases, where the issue is pending before the Income TaxAppellate Tribunal. The filing of the declaration is as per Section 4 of the Act andthe particulars to be furnished are also mentioned in the Sub Sections of Section 4.Section 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 restore this appeal in the event theultimate decision to be taken on the declaration to be filed by the assessee underSection 4 of the said Act is not in favour of the assessee. If such a prayer is made,the Registry shall entertain the prayer without insisting upon any application to befiled 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 shallplace such petition before the Division Bench 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 theapplication / declaration in accordance with the Act and pass appropriate orders asexpeditiously as possible preferably within a period of six (6) weeks from the date onwhich the declaration is filed in the proper form.”4. Accordingly, respectfully following the above and noting the fact that the assessee is opting for resolution of dispute under VSWS scheme in the present case, we treat this appeal being disposed off as withdrawn.5. The assessee is given liberty for restoration of appeal in accordance with paragraph 7 of the Hon'ble High Court order as above. The counsel present fairly agreed to the above proposition 

6. In the result, the appeals by the assessees is disposed of by treating the same as withdrawn.
Order pronounced in the open court on 11.02.2021.
Sd/-                                                            Sd/-
 (PAVAN KUMAR GADALE)                     (SHAMIM YAHYA)
 JUDICIAL MEMBER                                ACCOUNTANT MEMBER

Mumbai, Date : 11th February, 2021
Roshani, Sr. PS

Copy to :
1) The Appellant
2) The Respondent
3) The CIT(A) concerned
4) The CIT concerned
5) The D.R, “SMC” Bench, Mumbai
6) Guard file

 By Order
 Dy./Asstt. Registrar
 I.T.A.T, Mumbai


on 03 March 2021
Published in Income Tax
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