Synopsys International Ltd , Bangalore V. The Assistant Commissioner of INcome TAx International Taxation Circle-2(1), Bangalore

ITA 1696/BANG/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6989 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 17-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: MRS KRUTHIKA PRAKASH

Judgement Text

ITA NO.1696/BANG/2017 M/S. SYNOPSYS INTERNATIONAL LTD., BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.1696/BANG/2017 ASSESSMENT YEAR: 2013-14 M/S. SYNOPSYS INTERNATIONAL LTD. C/O M/S. KING & PARTRIDGE, ADVOCATES NO.48, LAVELLE ROAD BANGALORE-560 001 PAN NO : AAKCS2663N VS. ASST. COMMISSIONER OF INCOME-TAX (INTERNATIONAL TAXATION) CIRCLE-2(1) BANGALORE BANGALORE APPELLANT RESPONDENT ITA NO.3396/BANG/2018 ASSESSMENT YEAR: 2014-15 M/S. SYNOPSYS INTERNATIONAL LTD. C/O M/S. KING & PARTRIDGE, ADVOCATES NO.48, LAVELLE ROAD BANGALORE-560 001 VS. DEPUTY COMMISSIONER OF INCOME-TAX (INTERNATIONAL TAXATION) CIRCLE-2(1) BANGALORE APPELLANT RESPONDENT APPELLANT BY : MRS. KRUTHIKA PRAKASH, A.R. RESPONDENT BY : SHRI SUNIL KUMAR SINGH, D.R. DATE OF HEARING : 09.09.2020 DATE OF PRONOUNCEMENT : 10.09.2020 ITA NO.1696/BANG/2017 M/S. SYNOPSYS INTERNATIONAL LTD., BANGALORE PAGE 2 OF 3 O R D E R PER GEORGE GEORGE K. JUDICIAL MEMBER: THE ASSESSEE HAS FILED THESE APPEALS CHALLENGING T HE ORDERS PASSED BY LD CIT(A)-12, BENGALURU AND THEY RELATE T O THE ASSESSMENT YEARS 2013-14 AND 2014-15. THE ASSESSEE IS AGGRIEV ED BY THE DECISION OF LD CIT(A) IN PARTIALLY CONFIRMING THE A DDITION MADE BY THE AO IN BOTH THE YEARS ASSESSING THE INCOME FROM SALE OF SOFTWARE LICENSES AS ROYALTY. 2. THE LD COUNSEL FOR THE ASSESSEE SUBMITTED TH AT THE ASSESSEE HAS FILED APPLICATIONS IN FORM NO.1 AND 2 FOR SETTL ING THE DISPUTE UNDER DIRECT TAXES VIVAD SE VISHWAS ACT, 2020. ACC ORDINGLY SHE PRAYED FOR ADJOURNMENT OF THESE TWO APPEALS. 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSES SEE HAS TO WITHDRAW THE PENDING APPEALS AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQ UIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. HE SUBMITTE D THAT THE FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY HE SUBMITTED THAT THESE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEAL. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS ACT, 2020, THE APPEL LANT WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRESENT APPE ALS FILED BEFORE THE TRIBUNAL IN DUE COURSE. SINCE THE ASSESSEE HAS ALREADY FILED THE NECESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES U NDER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPOSE WIL L BE SERVED IN KEEPING THESE APPEALS PENDING. ACCORDINGLY WE DIS MISS ALL THESE APPEALS OF THE ASSESSEE AS WITHDRAWN. 5. THE LD A.R HAS SUBMITTED THAT THE ASSESSEE HAS NOT RECEIVED FORM NO.3, IN WHICH THE TAX AMOUNT TO BE PAID BY TH E ASSESSEE SHALL ITA NO.1696/BANG/2017 M/S. SYNOPSYS INTERNATIONAL LTD., BANGALORE PAGE 3 OF 3 BE INTIMATED BY THE DEPARTMENT. HENCE THE ASSESSEE HAS SOUGHT ADJOURNMENT TILL THE TIME FORM NO.3 IS RECEIVED FRO M THE DEPARTMENT, MEANING THEREBY, THE ASSESSEE WANTS TO MAKE SURE TH AT THE TAX LIABILITY MENTIONED BY HIM IN FORM NO.1 SHOULD GET CONFIRMED BY THE REVENUE. UNDER THESE SET OF FACTS, SINCE WE HAVE DI SMISSED THE APPEALS, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPR OPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. 6. IN THE RESULT, BOTH THE APPEALS OF THE ASSE SSEE ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON 10-09-2020 SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER SD/- (GEORGE GEORGE K.) JUDICIAL MEMBER BANGALORE, DATED 10 TH SEPT, 2020. VG/SPS COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.