Asst.C.I.T., Bangalore V. M/s EADS India Private Limited, Bangalore

ITA 212/BANG/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0652 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 10 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 23-12-2020
• Assessment Year: 2011-2012
• Appeal Filed On: 19-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IT(TP)A NOS.2230/DEL/2014 & IT(TP)A NO.212/BANG/201 6 EADS INDIA PVT. LTD. (NOW KNOWN AS AIRBUS GROUP INDIA PVT. LTD., BANGALO RE) IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER IT(TP)A NO.2230/DEL/2014 ASSESSMENT YEAR: 2008-09 DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE 1(1)(1) BANGALORE VS. FOR EADS INDIA PVT. LTD. (NOW KNOWN AS AIRBUS GROUP INDIA PVT. LTD.) 4 TH FLOOR, XYLEM PLOT NO.4&4A DYAVASANDRA, INDUSTRIAL AREA MAHADEVAPURA POST WHITEFIELD ROAD BANGALORE-560 048 KARNATAKA, INDIA PAN NO : AABCE6092J APPELLANT RESPONDENT IT(TP)A NO.212/BANG/2016 ASSESSMENT YEAR: 2011-12 DCIT CIRCLE-1(1)(1) BANGALORE VS. FOR EADS INDIA PVT. LTD. (NOW KNOWN AS AIRBUS GROUP INDIA PVT. LTD.) BANGALORE-560 048 KARNATAKA, INDIA PAN NO : AABCE6092J APPELLANT RESPONDENT APPELLANT BY : SHRI K.R. VASUDEVAN, A.R. RESPONDENT BY : SHRI PRADEEP KUMAR, D.R. DATE OF HEARING : 23.12.2020 DATE OF PRONOUNCEMENT : 23.12.2020 IT(TP)A NOS.2230/DEL/2014 & IT(TP)A NO.212/BANG/201 6 EADS INDIA PVT. LTD. (NOW KNOWN AS AIRBUS GROUP INDIA PVT. LTD., BANGALO RE) PAGE 2 OF 3 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THE REVENUE HAS FILED THESE APPEALS CHALLENGING THE ORDERS DATED 22.01.2014 PASSED BY LD CIT(A)-XX, NEW DELHI AND DATED 20.11.2015 PASSED BY I.T. DEPARTMENT, DRP-1 BANGALO RE AND THE APPEALS RELATE TO THE ASSESSMENT YEARS 2008-09 & 20 11-12. 2. THE LD. A.R. SUBMITTED THAT ASSESSEE WANTS TO SETTLE THE DISPUTE UNDER DIRECT TAX VIVAD SE VISHWAS ACT FOR SETTLEMEN T OF THE DISPUTE BY FILING FORM NO.1 & 2 AND AWAITING FOR FORM NO.3. 3. THE LD D.R, SUBMITTED THAT THE ASSESSEE HAS T O WITHDRAW THE PENDING APPEALS AFTER FILING FORM VSV1 AS PER DIREC T TAX 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. ACCORDINGLY HE SUBMITTED THAT THE APPEALS MAY BE DISMISSED AS WITHDRAWN, AS THE A SSESSEE, IN ANY WAY, IS REQUIRED TO SETTLE THE DISPUTE IN THE APPEA LS. HE SUBMITTED THAT THE BANGALORE BENCH OF TRIBUNAL IS GIVING LIBE RTY TO THE REVENUE/ASSESSEE TO SEEK RECALL OF THE ORDER, IF SO WARRANTED. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS ACT, 2020, TO SETTLE THE DISPUTE ON THE ISSUE INVOLVED IN THESE APPEALS, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THE APPEALS PENDI NG. ACCORDINGLY, WE DISMISS THE APPEALS OF THE REVENUE AS WITHDRAWN. FURTHER THE DEPARTMENT IS AT LIBERTY TO MOVE APPROPRIATE APPLIC ATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF TH E REVENUE INTENDS TO DO SO. IT(TP)A NOS.2230/DEL/2014 & IT(TP)A NO.212/BANG/201 6 EADS INDIA PVT. LTD. (NOW KNOWN AS AIRBUS GROUP INDIA PVT. LTD., BANGALO RE) PAGE 3 OF 3 5. IN THE RESULT, THE APPEALS OF THE REVENUE A RE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD DEC, 2020. SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER BANGALORE, DATED 23 RD DEC, 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.