M/s. LSI India Research & Development Private Limited, Bangalore V. Deputy Commissioner Of Income Tax, Circle- 4(1)(1), Bangalore

ITA 107/BANG/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0653 (ITAT-BANGALORE)
• Duration Of Justice: 11 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 21-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI , ACCOUNTANT MEMBER IT ( T P ) A NO S . 2200 /BANG/20 1 7 AND 107/BANG/2020 ASSESSMENT YEARS : 2013-14 AND 2015-16 M/S. LSI INDIA RESEARCH AND DEVELOPMENT PRIVATE LIMITED, BLOCK C, GLOBAL TECHNOLOGY PARK, DEVARABEESANAHALLI, MARATHAHALLI, OUTER RING ROAD, BENGALURU 560 103. PAN : A A ECM 1677 N VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4(1)(1), BENGALURU. APPELLANT RESPONDENT ASSESSEE BY : SMT. TANMAYEE RAJKUMAR , A DVOCATE REVENUE BY : SHRI. PRADEEP KUMAR , CIT (DR)(ITAT), BENGALURU DATE OF HEARING : 2 3 . 12 .2020 DATE OF PRONOUNCEMENT : 23 . 12 .2020 O R D E R PER N. V. VASUDEVAN, VICE PRESIDENT IT(TP)A NO.2200/BANG/2017 IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 10.10.2017 OF THE DCIT, CIRCLE - 4(1)(1), BENGALURU, PASSED UNDER SECTION 143(3) R.W.S. 144 OF THE INCOME TAX ACT, 1961 (HEREINAFTER CALLED THE ACT), IN RELATION TO ASSESSMENT YEAR 2013-14. 2. IT(TP)A NO.107/BANG/2020 IS AN APPEAL BY THE ASSESSEE AGAINST THE FINAL ASSESSMENT ORDER DATED 31.10.2019 BY DCIT, CIRCLE - 4(1)(1), BENGALURU, IN RELATION TO ASSESSMENT YEAR 2015-16. IT(TP)A NOS.2200/BANG/2017 AND 107/BANG/2020 PAGE 2 OF 3 3. LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS DECIDED TO OPT FOR VIVAD SE VISHWAS SCHEME, 2020 AND SETTLE THE DISPUTE IN THIS APPEAL. SHE PRAYED THAT THE NECESSARY FORMS WILL BE FILED IN DUE COURSE. 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WAS THE PROPOSITION PUT FORWARD BY THE BENCH THAT UNDER THESE FACTS, THE APPEALS OF THE ASSESSEE MAY BE DISMISSED AND WITHDRAWN AND LIBERTY MAY BE GRANTED TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER UNDER SECTION 254(2) OF THE ACT IN CASE THE ASSESSEE FINALLY OPTS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. LEARNED DR OF THE REVENUE ALSO AGREED TO THIS PROPOSITION PUT FORWARD BY THE BENCH. 4. THE APPEALS ARE ACCORDINGLY DISMISSED AS WITHDRAWN. THE ASSESSEE IS HOWEVER AT LIBERTY TO SEEK RECALL OF THIS ORDER IN THE EVENT OF NON-ISSUE OF FORM-III OR FOR OTHER REASONS 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/- SD/- SD/- BANGALORE, DATED: 23.12. 2020. /NS/* ( CHANDRA POOJARI ) ( N. V. VASUDEVAN) ACCOUNTANT MEMBER VICE PRESIDENT IT(TP)A NOS.2200/BANG/2017 AND 107/BANG/2020 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.