Tata Consultancy Services Limited, Bangalore V. ITO, Bangalore

ITA 22/BANG/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4080 (ITAT-BANGALORE)
• Duration Of Justice: 6 year(s) 1 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 15-02-2021
• Assessment Year: 2010-2011
• Appeal Filed On: 09-01-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: KEERTHI NARAYANAN

Judgement Text

IT(TP)A NO.22 /BANG/2015 TATA CONSULTANCY SERVICES LTD., BENGALURU IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A NO.22/BANG/2015 ASSESSMENT YEAR: 2010-11 TATA CONSULTANCY SERVICES LTD. (UPON MERGER OF RETAIL FULLSERVE LIMITED WITH TATA CONSULTANCY SERVICES LTD.) VYDEHI RC-1, BLOCK-82 EPIP, WHITEFIELD BANGALORE-560 066 PAN NO : AAKCS4810P VS. ITO WARD-12(1) BANGALORE APPELLANT RESPONDENT IT(TP)A NO.99/BANG/2015 ASSESSMENT YEAR: 2010-11 ITO WARD-5(1)(4) BANGALORE VS. TATA CONSULTANCY SERVICES LTD. (UPON MERGER OF RETAIL FULLSERVE LIMITED WITH TATA CONSULTANCY SERVICES LTD.) VYDEHI RC-1, BLOCK-82 EPIP, WHITEFIELD BANGALORE-560 066 APPELLANT RESPONDENT APPELLANT BY : SHRI KEERTHI NARAYANAN, A.R. RESPONDENT BY : MS. NEERA MALHOTRA, D.R. DATE OF HEARING : 15.02.2021 DATE OF PRONOUNCEMENT : 15.02.2021 O R D E R IT(TP)A NO.22 /BANG/2015 TATA CONSULTANCY SERVICES LTD., BENGALURU PAGE 2 OF 4 PER B.R. BASKARAN, ACCOUNTANT MEMBER: THESE CROSS APPEALS ARE DIRECTED AGAINST THE ORDER DATED 12- 11-2014 PASSED BY LD CIT(A)-IV, BANGALORE AND THEY RELATE TO THE ASSESSMENT YEAR 2010-11. 2. THE LD A.R OF THE ASSESSEE HAS FILED A LETTER ST ATING THAT THE ASSESSEE IS OPTING TO SETTLE THE ISSUES CONTESTED B Y THE REVENUE IN THE YEAR UNDER CONSIDERATION UNDER DIRECT TAXES VIVAD S E VISHWAS ACT, 2020 AND HAS FILED FORM 1 AND 2. THE LD A.R SUBMIT TED THAT THE ASSESSEE HAS ALSO RECEIVED FORM NO.3. THE LD A.R A LSO SUBMITTED THAT THE ASSESSEE HAS NOT YET RECEIVED FORM NO.5. HE SUBMITTED THAT THE BANGALORE BENCH OF TRIBUNAL IS DISMISSING THE A PPEAL IN SUCH KIND OF CASES GIVING LIBERTY TO SEEK RECALL OF THE ORDER. WITH REGARD TO THE APPEAL FILED BY THE ASSESSEE, THE LD A.R SUBMIT TED THAT THE ASSESSEE IS WITHDRAWING ITS APPEAL. 3. THE LD D.R, SUBMITTED THAT THE APPEAL HAS BEE N FILED BY THE REVENUE AND HENCE, IF THE PRESENT APPEAL IS DISMISS ED AND IF SOMETHING GOES WRONG WITH THE APPLICATION FILED BY THE ASSESSEE FOR SETTLEMENT OF DISPUTES, THEN THE REVENUE SHOULD BE GIVEN LIBERTY TO FILE APPLICATION SEEKING RECALL OF THE ORDER. THE LD D.R FURTHER SUBMITTED THAT THE ASSESSEE SHOULD BE DIRECTED TO I NTIMATE THE AO ABOUT THE RESULT OF THE APPLICATION FILED BY THE AS SESSEE AND IF THEY DO NOT GO THROUGH AS DESIRED BY THE ASSESSEE, THEN THE ASSESSEE SHOULD PERSUADE THE AO TO FILE NECESSARY APPLICATIO NS FOR SEEKING RECALL OF THIS ORDER WITHIN THE STATUTORY TIME LIMI T PRESCRIBED UNDER THE ACT. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. S INCE THE ASSESSEE HAS ALREADY FILED APPLICATIONS UNDER VSVS ACT FOR T HE YEAR UNDER IT(TP)A NO.22 /BANG/2015 TATA CONSULTANCY SERVICES LTD., BENGALURU PAGE 3 OF 4 CONSIDERATION, WE ARE OF THE VIEW THAT NO PURPOSE W OULD BE SERVED IN KEEPING THE APPEAL OF THE REVENUE PENDING, SINCE TH E PRESENT APPEAL HAVE TO BE WITHDRAWN BY THE REVENUE ONCE THE DISPUT E IS SETTLED UNDER THE ABOVE SAID ACT. ACCORDINGLY, WE DISMISS T HE APPEAL OF THE REVENUE. 5. HOWEVER, WE FIND MERIT IN THE SUBMISSIONS MAD E BY LD D.R. SINCE THE APPEAL FILED BY THE REVENUE IS DISMISSED BY US AT THE INSTANCE OF THE ASSESSEE, WE DIRECT THE ASSESSEE TO PERSUADE THE AO TO FILE NECESSARY APPLICATION FOR RECALL OF THIS OR DER PASSED IN THE APPEAL OF THE REVENUE IN ACCORDANCE WITH LAW WITHIN THE STATUTORY TIME PERIOD, IF SOMETHING GOES WRONG IN RESPECT OF APPLICATIONS FILED BY THE ASSESSEE UNDER VSVS ACT. 6. SINCE THE ASSESSEE SEEKS TO WITHDRAW ITS APP EAL, IT IS DISMISSED AS WITHDRAWN. 7. IN THE RESULT, BOTH THE APPEALS ARE DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH FEB, 2021 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 15 TH FEB, 2021. VG/SPS IT(TP)A NO.22 /BANG/2015 TATA CONSULTANCY SERVICES LTD., BENGALURU PAGE 4 OF 4 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.