MSC Software Corporation India Private Limited, Pune V. Deputy Commissioner of Income tax, Pune

ITA 188/PUN/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6003 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 04-02-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 27-01-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MAHADEVAN A M KRISHANAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, PUN E (THROUGH VIRTUAL COURT) BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISHWANETHRA RAVI, JM . / ITA NO.188/PUN/2017 / ASSESSMENT YEAR : 2012-13 MSC SOFTWARE CORPORATION INDIA PVT. LTD., ..APPELLANT. 6 TH FLOOR, AMAR APEX, NEAR BANER TELEPHONE EXCHANGE, BANER ROAD, PUNE 411 045. PAN : AAECM0862H. VS. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE 14, PUNE. ..RESPONDENT. ASSESSEE BY : SHRI AMIT SINGHAL. (WITHDRAWAL APPLICATION FILED). REVENUE BY : SHRI MAHADEVAN A.M. KRISHANAN. / ORDER THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE DIRECTIONS OF DISPUTE RESOLUTION PANEL 3, MUMBAI DATED 30.09.2016 P ASSED U/S 144C(5) OF THE INCOME TAX ACT, 1961, IN RELATION TO THE AS SESSMENT YEAR 2012-13. 2. BEFORE US, THE ASSESSEE HAS FILED A LETTER DATED 19.01.2 021 SEEKING WITHDRAWAL OF THE APPEAL. THE RELEVANT CONTENTS OF SUCH LE TTER READS AS UNDER : THE CAPTIONED APPEAL THAT IS PENDING ADJUDICATION BEFORE THE HONBLE ITAT, WAS FILED BY THE APPELLANT ON 30.01.2017 AGAI NST THE FINAL ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER. IN THIS REGARD, THE APPELLANT WISHES TO HUMBLY SUBMIT THAT THE APPELLAN T HAS OPTED FOR RESOLUTION UNDER THE PROVISIONS ENUMERATED UNDER TH E VSV ACT. / DATE OF HEARING : 04.02.2021 / DATE OF PRONOUNCEMENT: 04.02.2021 2 IN ORDER TO GIVE EFFECT OF THE PROCEEDINGS ENUMERAT ED UNDER THE VSV ACT, RULE 5 OF THE DIRECT TAX VIVAD SE VISHWAS RULES 202 0 (THE VSV RULES), STIPULATES THAT THE APPELLANT IS LIABLE TO WITHDRAW THE GROUNDS OF APPEAL, PRIOR TO FURNISHING OF FORM 4 (INTIMATION OF PAYMEN T). THEREFORE, IN COMPLIANCE WITH THE AFORESAID RULE, T HE APPELLANT HEREBY SUBMITS THAT THE APPEAL IN ITA NO.188/PUN/2017 FOR A.Y. 2012-13 MAY BE PERMITTED TO BE WITHDRAWN. 3. THE LD. DR DID NOT RAISE ANY OBJECTION TO THE WITHDRA WAL OF THE APPEAL FILED BY THE ASSESSEE. AS SUCH, THE ASSESSEE IS PE RMITTED TO WITHDRAW THE APPEAL WITH THE LIBERTY TO THE ASSESSEE TO REVIVE THE APPEAL PROCEEDINGS IN THE CASE OF THE PR. COMMISSIONER OF INCOME TAX DECLINING TO ISSUE FORM NO.3 CERTIFICATE UNDER SUB-SECTION (1) OF SECT ION 5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FOR WHATSOEVER REA SONS. ACCORDINGLY, THE APPEAL OF THE ASSESSEE STANDS DISMISSED AS WITHDR AWN. 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH DAY OF FEBRUARY, 2021. SD/- SD/- (S.S. VISHWANETHRA RAVI) (R.S. SYAL) JUDICIAL MEMBER VICE PRESIDENT / PUNE; / DATED : 4 TH FEBRUARY, 2021. YAMINI / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-13, PUNE. 4. THE PR.CIT -5, PUNE. 5 . , , C , / DR, ITAT, C BENCH, PUNE. 6. / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.