DCIT, Bangalore V. M/s Invitrogen Bioservices India Pvt. Ltd., Bangalore

ITA 162/BANG/2015

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1493 (ITAT-BANGALORE)
• Duration Of Justice: 5 year(s) 9 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 10-12-2020
• Assessment Year: 2010-2011
• Appeal Filed On: 16-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJU L PRASAD
• Assessee Lawyers: NEERA MALHOTRACIT
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT (TP) A NO. & ASST. YEAR APPELLANT RESPONDENT 162 /BANG/201 5 201 0 - 11 DY. COMMISSIONER OF INC OME TAX, CIRCLE 3(1)(1), BANGALORE. M/S. INVITROGEN BIOSERVICES INDIA PVT. LTD., NO.3, GROUND FLOOR, FIRST TECHNOLOGY PLACE, EPIP, WHITEFIELD, BAN GALORE - 560 066 . APPELLANT BY: MS. NEERA MALHOTRA,CIT (D.R) REVENUE BY: SHRI MANJU L PRASAD,ADVOCATE. DATE OF HEARING : 10 .12 .20 20. DATE OF PRONOUNCEMENT : 10 .12 .20 20. O R D E R PER SHRI CHANDRA POOJARI, A.M. : TH IS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ASSESSMENT ORDER DT.18.12.2014 PASSED BY DY.CIT, CIRCLE 3(1)(1), BANGAL ORE FOR THE ASSESSMENT YEAR 2010 - 11 . THE REVENUE IS AGGRIEVED BY THE DECISION OF THE DY. CIT. 2. AT THE OUTSET, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED TH A T THE ASSESSE E HA S OPTED TO FILE AN APPLICATION UNDER THE VIVAD SE VISHWAS ACT, 202 0. ACCORDINGLY, LD. AR SUBMITTED THAT THE REVENUES APPEAL MAY BE DISMISSED WITH THE LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACC ORDANCE WITH LAW, IF THE DEPARTMENT INTENDED TO DO SO. 2 IT (TP) A NO. 162 /BANG/201 5 3. ON THE OTHER HAND, THE LEARN ED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE ASSESSE E COULD INITIATE TO WITHDRAW THE PENDING APPEAL AFTER FILING THE FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER THE ASSESSE E IS REQUIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. LD. DR SUBMITTED THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSE E IN DUE COURSE AND ACCORDINGLY HE SUBMITTE D THAT THE APPEAL OF THE REVENUE MAY BE DISMISSED AS WITHDRAWN, IF THE ASSE SSEE COMPLY THE REQUIREMENT. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE OPTED FOR VIVAD SE VISHWAS ACT, 2020, TO SETTLE THE DISPUTE ON THE ISSUE INVOLVED IN THIS APPEAL. W E ARE OF THE VIEW THAT NO PURP OSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE AS WITHDRAWN. FURTHER THE DEPARTMENT IS AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE REVE NU E INTENDS TO DO SO. 5. IN THE RESULT, THE APPEAL OF THE R EVENUE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/ - SD/ - ( SMT. BEENA PILLAI) ( CHANDRA POOJARI ) JUDICIAL MEMBER ACCOU NTANT MEMBER DATED: 10 .12 . 20 20 . *REDDY GP 3 IT (TP) A NO. 162 /BANG/201 5 COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR . CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE