FortinetInnovation Centre India Private LImited , Bangalore V. Assistant Commissioner of Income TAx Circle-3(1)(1), Bangalore

ITA 2086/BANG/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6537 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 15-04-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 30-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NILANJA DEY
• Assessee Lawyers: KEERTHI NARAYAN

Judgement Text

IT(TP)A NO.2086/BANG/2017 FORTINET TECHNOLOGIES INDIA PVT. LTD., BENGALURU IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER IT(TP)A NO.2086/BANG/2017 ASSESSMENT YEAR: 2013-14 FORTINET TECHNOLOGIES INDIA PVT. LTD. (IN THE CASE OF FORTINET INNOVATION CENTRE INDIA PVT. LTD.) GROIUND, 2 ND AND 3 RD FLOORS, TOWER C THE MILLENNIA, MURPHY ROAD, ULSOOR BENGALURU 560 008 PAN NO : AABCF 2399F VS. ACIT CIRCLE-3(1)(1) BENGALURU APPELLANT RESPONDENT APPELLANT BY : SMT. KEERTHI NARAYAN, A.R. RESPONDENT BY : SMT. NILANJA DEY, D.R. DATE OF HEARING : 15.04.2021 DATE OF PRONOUNCEMENT : 15.04.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER PASSED BY CIT(A)-3, BENGALURU VIDE ORDER DATED 29.8 .2017 FOR THE A.Y. 2013-14. 2. AT THE TIME OF HEARING, THE LD A.R SUBMITTED THAT THE ASSESSEE HAS FILED APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND IS WAITING FOR THE CERTIFICATE IN FORM NO. 3 FROM THE PR. CIT. ACCORDINGLY THE LD A.R SUBMITTED THAT THE MATTER MA Y BE KEPT PENDING. IT(TP)A NO.2086/BANG/2017 FORTINET TECHNOLOGIES INDIA PVT. LTD., BENGALURU PAGE 2 OF 3 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSES SEE HAS TO WITHDRAW THE PENDING APPEAL 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ISSUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEAL. 4.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 SCHEME, 2020, THE AP PELLANT WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRESENT A PPEAL FILED BEFORE THE TRIBUNAL IN DUE COURSE. SINCE THE ASSESSEE HAS ALREADY FILED THE NECESSARY APPLICATION BEFORE THE TAX AUTHORITIES UN DER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE A PPEAL OF THE ASSESSEE AS WITHDRAWN. 5. THE LD A.R, HOWEVER, SUBMITTED THAT THE ASS ESSEE MAY BE GIVEN LIBERTY TO MOVE APPLICATION FOR RECALL OF THE ORDER , AS THE APPLICATION OF THE ASSESSEE IS YET TO BE ACCEPTED BY THE DEPART MENT. WE NOTICE THAT THE ASSESSEE HAS STATED THAT HE HAS NOT RECEIV ED FORM NO.3, IN WHICH THE TAX AMOUNT TO BE PAID BY THE ASSESSEE SHA LL BE INTIMATED BY THE DEPARTMENT. HENCE, IT APPEARS THAT THE ASSE SSEE WANTS TO MAKE SURE THAT THE TAX LIABILITY MENTIONED BY HIM I N FORM NO.1 SHOULD GET CONFIRMED BY THE REVENUE. UNDER THESE SE T OF FACTS, SINCE WE HAVE DISMISSED THE APPEAL, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT O RDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. IT(TP)A NO.2086/BANG/2017 FORTINET TECHNOLOGIES INDIA PVT. LTD., BENGALURU PAGE 3 OF 3 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH APR21 SD/- (GEORGE GEORGE K. ) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 15 TH APR, 2021. 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.