M/s. EYGBS (India) LLP (Earlier known as EYGBS (India) Private Limited and successor to EYME Technologies Private Limited, Bangalore V. Deputy Commissioner Of Income Tax, International Taxation, Circle- 1(1), Bengaluru

ITA 2204/BANG/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1391 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 2 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 15-12-2020
• Assessment Year: 2010-2011
• Appeal Filed On: 11-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R PREMI J
• Assessee Lawyers: KEERTINARAYAN K

Judgement Text

1 IT(IT)A NO.2204/BANG/2019 IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES C, BANGALORE BEFORE SHRI GEORGE GEORGE K, JM & SHRI B.R.BASKARAN, AM IT(IT)A NO.2204/BANG/2019 : ASST.YEAR 2010-2011 M/S.EYGBS (INDIA) LLP [EARLIER KNOWN AS EYGBS (INDIA) PRIVATE LIMITED AND SUCCESSOR TO EYME TECHNOLOGIES PRIVATE LIMITED] RMZ INFINITY, TOWER C, 3 RD FLOOR OLD MADRAS ROAD, K.R.PURAM BANGALORE 560 016 PAN : AAHFE0349K V. THE DY.COMMISSIONER OF INCOME- TAX, CIRCLE 1(1), INTERNATIONAL TAXATION, BENGALURU. (APPELLANT) (RESPONDENT) APPELLANT BY : SRI.KEERTINARAYAN.K, CA RESPONDENT BY : SMT.R.PREMI, JCIT-DR DATE OF HEARING : 15.12.2020 DATE OF PRONOUNCEMENT : 15.12.2020 O R D E R PER B.R.BASKARAN, AM : THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 02-08- 2019 PASSED BY LD CIT(A)-12, BENGALURU AND IT RELATES TO THE ASSESSMENT YEAR 2010-11. 2. THE LD COUNSEL FOR THE ASSESSEE HAS FURNISHED A LETTER STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE UNDER DIRECT TAX VIVAD SE VISHWAS ACT FOR SETTLEMENT OF THE DISPUTE. DURING THE COURSE OF HEARING, THE LD A.R INFORMED THAT THE ASSESSEE HAS ALREADY FILED FORM NO.1 & 2. ACCORDINGLY, HE SUBMITTED THAT THE APPEAL MAY BE ADJOURNED. 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, SINCE THE ASSESSEE WOULD BE WITHDRAWING APPEAL. SHE SUBMITTED THAT THE TRIBUNAL IS DISMISSING THE APPEAL IN SUCH KIND OF SITUATIONS. 2 IT(IT)A NO.2204/BANG/2019 4. THE LD A.R SUBMITTED THAT, IF THE APPEAL IS DISMISSED, THEN THE ASSESSEE MAY BE GIVEN LIBERTY TO SEEK RECALL OF THE ORDER, IF SOMETHING GOES WRONG. 5. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THIS APPEAL PENDING. ACCORDINGLY WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON 15-12-2020 SD/- SD/- ( GEORGE GEORGE K ) ( B.R.BASKARAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE; DATED : 15 TH DECEMBER, 2020. COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(A)-12, BENGALURU. 4. THE PR.CIT (INTERNATIONAL TAXATION), BENGALURU. 5. THE DR, ITAT, BENGALURU. 6. GUARD FILE. ASST.REGISTRAR/ITAT, BANGALORE