DCIT, Bangalore V. M/s Tyco Electronics Systems (India) Pvt. Ltd., Bangalore

ITA 103/BANG/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5081 (ITAT-BANGALORE)
• Duration Of Justice: 6 year(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 10-02-2021
• Assessment Year: 2010-2011
• Appeal Filed On: 03-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MANJU PRASAD L
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES A, BANGALORE BEFORE SHRI CHANDRA POOJARI, AM & SHRI GEORGE GEORGE K, JM IT(TP)A NO.103/BANG/2015 : ASST.YEAR 2010-2011 THE DY.COMMISSIONER OF INCOME - TAX, LTU, C-2 BENGALURU. V. M/S. TE CONNECTIVITY INDIA PRIVATE LIMITED (FORMERLY KNOWN AS M/S.TYCO ELECTRONICS SYSTEMS INDIA PVT. LTD.) NO.TE PARK, 22B DODDANEKUMDI, 2 ND PHSE, INDUSTRIAL AREA, WHITEFIELD RD BENGALURU 560 048. PAN : AABCT7374C. (APPELLANT) (RESPONDENT) APPELLANT BY : MS.NEERA MALHOTRA, CIT-DR RESPONDENT BY : SRI.MANJU PRASAD L DATE OF HEARING : 10.02.2021 DATE OF PRONOUNCEMENT : 10.02.2021 O R D E R PER GEORGE GEORGE K, JM THIS APPEAL AT THE INSTANCE OF THE REVENUE IS DIRECTED AGAINST THE FINAL ASSESSMENT ORDER DATED 30.12.2014 PASSED U/S 143(3) R.W.S. 144C(13) OF THE I.T.ACT. THE RELEVANT ASSESSMENT YEAR IS 2010-2011. 2. AT THE TIME OF HEARING BEFORE US, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS OPTING TO SETTLE THE ISSUE UNDER DIRECT TAXES VIVAD SE VISHWAS ACT, 2020. THUS, WE ARE OF THE VIEW THAT NO PURPOSE WOULD BE SERVED IN KEEPING THE APPEAL PENDING, SINCE THE PRESENT APPEAL HAS TO BE WITHDRAWN BY THE REVENUE, ONCE THE DISPUTE IS SETTLED UNDER THE ABOVE SAID ACT. IT(TP)A NO.103/BANG/2015 M/S.TE CONNECTIVITY INDIA PVT.LTD. 2 3. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE. HOWEVER, WE MAKE IT CLEAR THAT IF THE ASSESSEE IS NOT PURSUING ITS APPLICATION UNDER DIRECT TAXES VIVAD SE VISHWAS ACT, 2020, IT SHALL INTIMATE THE DEPARTMENT, SO THAT THE REVENUE SHALL SEEK RECALL OF THIS ORDER, IF IT SO WARRANTS. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THIS 10 TH DAY OF FEBRUARY, 2021 . SD/- SD/- ( CHANDRA POOJARI ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE; DATED : 10 TH FEBRUARY, 2021. DEVADAS G* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE DRP-II, BANGALORE 4. THE CIT-III, BANGALORE. 5. THE DR, ITAT, BENGALURU. 6. GUARD FILE. ASST.REGISTRAR/ITAT, BANGALORE