M/s Intel Corporation , Bangalore V. Joint COmmissioner of Income Tax (OSD) (International Taxation) Circle-1(1), Bangalore

ITA 1287/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7140 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 02-09-2020
• Assessment Year: 2012-2013
• Appeal Filed On: 19-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T ROUMUAN PAITE
• Assessee Lawyers: MANJU PRASAD L B COM
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI , JUDICIAL MEMBER ITA NO. 2 844 /BANG/20 1 7 & 1287/BANG/2018 ASSESSMENT YEARS : 2012 13 & 2013 14 M/S INTEL CORPORATION, C/O INTEL TECHNOLOGY INDIA PVT. LTD., CAMPUS 4B, ECOSPACE, OUTER RING ROAD, BELANDUR, BANGALORE - 560103 PAN : AABCI9769G VS. DCIT (INTERNATIONAL TAXATION) CIRCLE 1 (1), BENGALURU APPELLANT RESPONDENT ASSESSEE BY : S HREE MANJU PRASAD L, B. COM. REVENUE BY : SHREE T. ROUMUAN PAITE, CIT DR DATE OF HEARING : 0 2 . 0 9 .20 20 DATE OF PRONOUNCEMENT : 04 . 0 9 .20 20 O R D E R PER ARUN KUMAR GARODIA, A. M.: BOTH THESE APPEALS ARE FILED BY THE ASSESSEE AND THE SAME ARE DIRECTED AGAINST TWO SEPARATE ORDERS OF LEARNED CIT(A) 12 BENGALURU DATED 16.02.2018 FOR A. Y. 2012 13 AND DATED 30.10.2017 FOR A. Y. 2013 14. 2. IN COURSE OF HEARING, LEARNED AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS OPTED FOR SETTLEMENT UNDER VIVAD SE VISWAS ACT AND THEREFORE, THESE APPEALS MAY BE DISMISSED AS WITHDRAWN BUT VARIOUS FORMALITIES UNDER THAT ACT ARE STILL INCOMPLETE AND THEREFORE, LIBERTY SHOULD BE GRANTED TO THE ITA NO. 2844/BANG/2017 & 1287/BANG/2018 PAGE 2 OF 3 ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER U/S 254 (2) OF I T ACT IN CASE THE ASSESSEE OPT OUT OF THAT SCHEME UNDER VIVAD SE VISWAS ACT OR THERE IS ANY PROBLEM UNDER THAT ACT. 3. LEARNED DR OF THE REVENUE HAD NO OBJECTION ABOUT THIS REQUEST OF THE LEARNED AR OF THE ASSESSEE. HENCE, WE DISMISS THESE TWO APPEALS AS WITHDRAWN AND GRANT LIBERTY TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER U/S 254 (2) OF I T ACT IN CASE THE ASSESSEE AT SOME STAGE BEFORE COMPLETION OF THE FORMALITIES UNDER THAT ACT OPTS OUT OF THAT SCHEME UNDER VIVAD SE VISWAS ACT OR THERE IS ANY PROBLEM UNDER THAT SCHEME. 4. IN THE RESULT, BOTH THESE APPEALS OF THE ASSESSEE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- ( BEENA PILLAI ) (A.K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED: 04 TH SEPTEMBER, 2020. /NS/* AKG ITA NO. 2844/BANG/2017 & 1287/BANG/2018 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.