Appeal details
Counselvise Citation
[2020] 110 COUNSELVISE.COM (IT) 0649 (ITAT-BANGALORE)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 4 month(s) 8 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
23-12-2020
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
C
Next Hearing Date
23-12-2020
Assessment Year
2009-2010
Appeal Filed On
14-08-2019
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 ( IT ) A NO. 1777 /BANG/20 1 9 ASSESSMENT YEAR : 2009-10 M/S. EYGBS (INDIA) LLP (EARLIER KNOWN AS EYGBS (INDIA) PRIVATE LIMITED AND SUCCESSOR TO EYME TECHNOLOGIES PRIVATE LIMITED) RMZ INFINITY, TOWER C, 3 RD FLOOR, OLD MADRAS ROAD, K. R. PURAM, BANGALORE 560 016. PAN : A A HFE 0349 K VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1), INTERNATIONAL TAX, BANGALORE . APPELLANT RESPONDENT ASSESSEE BY : SMT. KEERTHI NARAYAN, CA REVENUE BY : S MT . R. PREMI , J 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 THIS APPEAL FILED IS BY THE ASSESSEE AGAINST THE ORDER DATED 13.06.2019 OF CIT(A)-12, BANGALORE, IN RELATION TO ASSESSMENT YEAR 2009-10. 2. THE LEARNED AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN THIS APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020 AND HAS FILED FORM NOS.1 AND 2 AND IS AWAITING TO RECEIVE FORM 3 FROM THE DESIGNATED AUTHORITY. LEARNED COUNSEL FOR THE ASSESSEE PRAYED FOR KEEPING THE PROCEEDINGS IN ABEYANCE TILL THE ASSESSEE RECEIVED FORM 3. IT(IT)A NO.1777/BANG/2019 PAGE 2 OF 3 3. IN THE COURSE OF HEARING, IT WAS THE PROPOSITION PUT FORWARD BY THE BENCH THAT UNDER THESE FACTS, THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AND WITHDRAWN AND LIBERTY MAY BE GRANTED TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER UNDER SECTION 254(2) OF THE ACT IN CASE THE ASSESSEE FINALLY OPTS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THE ASSESSEE THAT IF THE LIBERTY IS GRANTED TO THE ASSESSEE, THEN WE HAVE NO OBJECTION ABOUT DISMISSAL OF THE APPEAL AS WITHDRAWN. LEARNED DR OF THE REVENUE ALSO AGREED TO THIS PROPOSITION PUT FORWARD BY THE BENCH. 4. THE APPEAL IS ACCORDINGLY DISMISSED AS WITHDRAWN.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 APPEAL IS 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(IT)A NO.1777/BANG/2019 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.
