AstraZeneca India Pvt ltd, Chennai V. Deputy Commissioner Of Income tax, Circle-1(1)(1), Bengaluru

ITA 2862/BANG/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9584 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 05-01-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 26-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: C NARAYAN
• Section: 113

Judgement Text

IT(TP)A NOS.2862 & 2863/BANG/2017 ASTRA ZENECA INDIA PRIVATE LTD., BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER IT(TP)A NOS.2862&2863/BANG/2017 ASSESSMENT YEARS: 2013-14 & 2014-15 ASTRA ZENECA INDIA PVT. LTD. 10 TH & 11 TH FLOORS NEVILLE TOWERS RAMANUJAN IT CITY TRIL INFOPARK LTD. TARAMANI RAJIV GANDHI SALAI (OMR) CHENNAI-600 113 PAN NO : AABCA2389N VS. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-1(1)(1) BENGALURU APPELLANT RESPONDENT APPELLANT BY : SHRI C. NARAYAN, A.R. RESPONDENT BY : SHRI PRADEEP KUMAR, D.R. DATE OF HEARING : 05.01.2021 DATE OF PRONOUNCEMENT : 05.01.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THESE APPEALS CHALLENGING T HE ORDERS PASSED BY LD CIT(A)-1, BENGALURU AND THEY RELATE TO THE ASSESSMENT YEAR 2013-14 AND 2014-15. 2. THE LD A.R OF THE ASSESSEE HAS FILED A LETTE R STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN THESE T WO APPEALS UNDER DIRECT TAXES VIVAD SE VISHWAS ACT, 2020. IT IS STA TED THAT THE ASSESSEE HAS FILED FORM 1 & 2 AND IS AWAITING FORM NO.3. ACCORDINGLY, HE HAS PRAYED FOR ADJOURNMENT. IT(TP)A NOS.2862 & 2863/BANG/2017 ASTRA ZENECA INDIA PRIVATE LTD., BANGALORE 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. ACCORDINGLY SHE SUBMITTED THAT THE APPEALS OF THE ASSESSEE MAY BE DISMISSED AS WIT HDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THESE APPEALS. 4. THE LD A.R, IN THE REJOINDER, SUBMITTED THAT IN CASE THE APPEALS ARE DISMISSED, THE ASSESSEE SHOULD BE GIVEN LIBERTY TO SEEK RECALL OF THE ORDER, IF SOMETHING GOES WRONG. 5. WE HEARD THE PARTIES AND PERUSED THE RECORD. THE SUBMISSIONS MADE BY PARTIES ARE CONSIDERED. SINCE THE ASSESSEE HAS FILED APPLICATIONS UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FOR BOTH THE YEARS REFERRED ABOVE, THE APPELLANT WOULD BE MO VING APPLICATIONS FOR WITHDRAWING THESE TWO APPEALS FILED BEFORE THE TRIBUNAL IN DUE COURSE. ACCORDINGLY, WE ARE OF THE VIEW THAT NO PU RPOSE WILL BE SERVED IN KEEPING THESE APPEALS PENDING. ACCORDINGLY WE DISMISS BOTH THE APPEALS OF THE ASSESSEE AS WITHDRAWN. HOWEVER, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLICATIONS SEEKING RE CALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE I NTENDS TO DO SO. 6. IN THE RESULT, BOTH THE APPEALS OF THE ASSE SSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH JAN, 2021. SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 5 TH JAN, 2021. VG/SPS IT(TP)A NOS.2862 & 2863/BANG/2017 ASTRA ZENECA INDIA PRIVATE LTD., BANGALORE 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.