AOL Online India Private Limited, Bangalore V. DCIT, Bangalore

CO 126/BANG/2015

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8195 (ITAT-BANGALORE)
• Duration Of Justice: 5 year(s) 8 month(s) 1 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 03-03-2021
• Assessment Year: 2010-2011
• Appeal Filed On: 02-07-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MUZAFAR HUSSAIN BENGALURU
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER IT (TP) A NO. 408 /BANG/20 15 ASSESSMENT YEAR : 2010-11 DCIT, CIRCLE 1(1)(1), BENGALURU. VS. M/S. ADL ONLINE INDIA PVT. LIMITED, 401, PRESTIGE MERIDIENT-II, 30, M. G. ROAD, BENGALURU. PAN : AABCN 2578 G APPELLANT RESPONDENT C.O. NO.126/BANG/2015 (IN IT(TP)A NO.408/BANG/2015) ASSESSMENT YEAR : 2010-11 M/S. ADL ONLINE INDIA PVT. LIMITED, BENGALURU. PAN : AABCN 2578 G VS. DCIT, CIRCLE 1(1)(1), BENGALURU. APPELLANT RESPONDENT REVENUE BY : SHRI. MUZAFAR HUSSAIN, CIT(DR)(ITAT), BENGALURU. ASSESSEE BY : SHRI . SIDDHESH CHAUGULE DATE OF HEARING : 03-03-2021 DATE OF PRONOUNCEMENT : 03-03-2021 O R D E R PER BENCH: THESE ARE CROSS APPEALS BY THE REVENUE AND THE ASSESSEE AGAINST THE ASSESSMENT ORDER DATED 23.01.2015, RELATING TO ASSESSMENT YEAR 2010-11. IT(TP)A NO.408/BANG/2015 C.O. NO.126/BANG/2015 PAGE 2 OF 3 2. THE LEARNED AR OF THE ASSESSEE ORALLY SUBMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN THESE APPEALS UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020, AND HAS REQUESTED FOR ADJOURNMENT OF THE APPEALS. 3. IN THE COURSE OF HEARING, IT WAS THE PROPOSITION PUT FORWARD BY THE BENCH THAT UNDER THESE FACTS, THE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN AND LIBERTY MAY BE GRANTED TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER UNDER SECTION 254(2) OF THE ACT IN CASE THE ASSESSEE FINALLY OPTS OUT OF VIVAD SE VISHWAS SCHEME, 2020. IN REPLY, IT WAS SUBMITTED BY LEARNED AR OF THE ASSESSEE THAT IF THE LIBERTY IS GRANTED TO THE ASSESSEE, THEN WE HAVE NO OBJECTION ABOUT DISMISSAL OF THE APPEALS AS WITHDRAWN. 4. THE APPEALS ARE ACCORDINGLY DISMISSED AS WITHDRAWN. THE ASSESSEE IS HOWEVER AT LIBERTY TO SEEK RECALL OF THIS ORDER IN CASE THE ASSESSEE IS NOT ABLE TO SETTLE THE DISPUTE UNDER THE SCHEME. 5. IN THE RESULT, ASSESSEES APPEALS ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- BANGALORE, DATED: 03-03-2021. /NS/* ( CHANDRA POOJARI ) (N. V. VASUDEVAN) ACCOUNTANT MEMBER VICE PRESIDENT IT(TP)A NO.408/BANG/2015 C.O. NO.126/BANG/2015 PAGE 3 OF 3 COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.