Assistant Commissioner Of Income Tax (TDS), Circle- 3(1), Bangalore V. M/s. Samsung R & D Institution India Private Limited, Bangalore

ITA 2651/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7587 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 21-01-2021
• Assessment Year: 2010-2011
• Appeal Filed On: 27-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K S PRAVEEN KUMAR
• Keywords: TDS

Judgement Text

ITA NO.2651/BANG/2019 M/S. SAMSUNG R&D INSTITUTION INDIA PVT. LTD., BANGA LORE IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.2651/BANG/2019 ASSESSMENT YEAR: 2010-11 ACIT (TDS) CIRCLE-3(1) BENGALURU VS. M/S. SAMSUNG R&D INSTITUTION INDIA PVT. LTD. #2870, PHONEIX BUILDING BAGMANE CONSTELLATION BUSINESS PARK, OUTER RING ROAD DODDANEKUNDI CIRCLE, MARATHAHALLI BENGALURU-560 037 PAN NO : AAICS6290F APPELLANT RESPONDENT APPELLANT BY : SHRI K.S. PRAVEEN KUMAR, A.R. RESPONDENT BY : MS. NEERA MALHOTRA, D.R. DATE OF HEARING : 21.01.2021 DATE OF PRONOUNCEMENT : 21.01.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE REVENUE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 28-10-2019 PASSED BY LD CIT(A)-10, BENGALURU AND IT RELATES TO THE ASSESSMENT YEARS 2010-11. 2. THE ASSESSEE HAS FILED A LETTER STATING THAT IT IS OPTING TO SETTLE THE ISSUES CONTESTED IN THIS APPEAL UNDER DIRECT TA XES VIVAD SE VISHWAS ACT, 2020 AND HAS FILED FORM 1 AND 2. IT I S FURTHER STATED THAT THE ASSESSEE HAS NOT RECEIVED FORM NO.3. ACCO RDINGLY THE ASSESSEE HAS SOUGHT ADJOURNMENT OF THE APPEAL. HOW EVER, THE LD A.R SUBMITTED THAT THE BANGALORE BENCH OF TRIBUNAL IS D ISMISSING THE APPEALS IN SUCH KIND OF CASES GIVING LIBERTY TO SEE K RECALL OF THE ORDER. ITA NO.2651/BANG/2019 M/S. SAMSUNG R&D INSTITUTION INDIA PVT. LTD., BANGA LORE PAGE 2 OF 3 3. THE LD D.R, SUBMITTED THAT THE APPEAL HAS BEE N FILED BY THE REVENUE AND HENCE, IF THE APPEAL IS DISMISSED AND I F SOMETHING GOES WRONG WITH THE APPLICATION FILED BY THE ASSESSEE FO R SETTLEMENT OF DISPUTES, THEN THE REVENUE SHOULD BE GIVEN LIBERTY TO FILE APPLICATION SEEKING RECALL OF THE ORDER. THE LD D.R FURTHER SU BMITTED THAT THE ASSESSEE SHOULD BE DIRECTED TO INTIMATE THE AO ABOU T THE RESULTS OF THE APPLICATION FILED BY IT AND IF THEY DO NOT GO T HROUGH AS DESIRED BY THE ASSESSEE, THEN THE ASSESSEE SHOULD PERSUADE THE AO TO FILE NECESSARY APPLICATION FOR RECALL OF THIS ORDER WITH IN THE STATUTORY TIME LIMIT PRESCRIBED UNDER THE ACT. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. S INCE THE ASSESSEE HAS ALREADY FILED APPLICATION UNDER VSVS ACT FOR TH E YEAR UNDER CONSIDERATION, WE ARE OF THE VIEW THAT NO PURPOSE W OULD BE SERVED IN KEEPING THIS APPEAL PENDING, SINCE THE PRESENT APPE AL HAS TO BE WITHDRAWN BY THE REVENUE ONCE THE DISPUTE IS SETTLE D UNDER THE ABOVE SAID ACT. ACCORDINGLY, WE DISMISS THE APPEAL OF TH E 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 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. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST JAN, 2021. SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 21 ST JAN, 2021. VG/SPS ITA NO.2651/BANG/2019 M/S. SAMSUNG R&D INSTITUTION INDIA PVT. LTD., BANGA LORE PAGE 3 OF 3 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.