M/s.Symbol Technologies India Pvt.Ltd., Bangalore V. DCIT- Circle-6(1)(2), Bangalore

ITA 2006/BANG/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8476 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-03-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 30-03-2017
• Assessment Year: 2012-2013
• Appeal Filed On: 18-11-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: UMASHANKAR GAUTAM

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH B BEFORE S HRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO , ACCOUNTANT MEMBER I.T . (T.P) A. NO. 2006 /BANG/20 16 (ASSESSMENT YEAR : 20 12 - 13 ) M/S. SYMBOL TECHNOLOGIES INDIA PVT. LTD., RM Z - ECOSPACE, 4 TH FLOOR, BLOCK 3B, SARJAPUR ORR, DEVARADISANAHALLI, VARTHUR HOBLI, BANGALORE - 560 037 . . APPELLANT. VS. DY. COMMISSIONER OF INCOME TAX, CIRCLE 6(1)(2), BANG ALORE. .. RESPONDENT. APPELLANT BY : SHRI UMASHANKAR GAUTAM, ADVOCATE. R E SPONDENT BY : MS. NEERA MALHOTRA, CIT (DR) (ITAT) - 2, BENGALURU. DATE OF H EARING : 30.03.2017. DATE OF P RONOUNCEMENT : 30.03. 201 7 . O R D E R PER SHRI VIJAY P AL RAO, J .M . : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DT. 20.09.2016 PASSED UNDER SECTION 1 43(3) R.W.S. 144C(13) OF THE INCOME TAX ACT, 1961 (IN SHORT 'THE ACT') IN PURSUANT TO THE DIRECTIONS OF DISPUTE RESOLUTION PANEL (DRP) DT.31.8.2016 FOR THE ASSESSMENT YEAR 2012 - 13. 2 IT (TP) A NO. 2006 /BANG/201 6 2. AT THE TIME OF HEARING, THE LEARNED AUTHORISED REPRESENTATIVE OF TH E ASSESSEE HAS STATED AT BAR THAT THE ASSESSEE HAS ENTERED INTO UNILATERAL ADVANCE PRICE AGREEMENT ( APA ) ON 17.1.2017 WITH THE CBDT. THEREFORE THE ASSESSEE DOES NOT PRESS THE PRESENT APPEAL AND REQUESTED FOR WITHDRAWAL OF THE APPEAL. THE ASSESSEE HAS ALSO FILED AN APPLICATION DT.28.3.2017 SEEKING WITHDRAWAL OF THE PRESENT APPEAL. ACCORDINGLY, IN VIEW OF THE APA AND REQUEST OF THE ASSESSEE, THE APPEAL OF THE ASSESSEE IS ALLOWED TO WITHDRAW THE RPESENT APPEAL AND CONSEQUENTLY THE APPEAL IS DISMISSED BEI NG WITHDRAWN. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON THE 30 TH DAY OF MAR., 201 7 . SD/ - ( INTURI RAMA RAO ) ACCOUNTANT M EMBER SD/ - ( VIJAY PAL RAO ) JUDICIAL MEMBER BANGALORE, DT. 30/03/2017. *REDDY GP