M/s Ingersoll Rak (India) Ltd, Bengaluru V. Deputy Commissioner of Income Tax, circle-3(1)(1), Bengaluru

ITA 2871/BANG/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2001 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 11 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 07-12-2020
• Assessment Year: 2013-2014
• Appeal Filed On: 26-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: K R VASUDEVAN

Judgement Text

ITA NO.2871/BANG/2017 M/S. INGERSOLL RAND (INDIA) LTD., BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER IT(TP)A NO.2871/BANG/2017 ASSESSMENT YEAR: 2013-14 M/S. INGERSOLL RAND (INDIA) LTD. 8 TH FLOOR TOWER D, 4/1 IBC KNOWLEDGE PARK BANNERGHATTA MAIN ROAD BANGALORE-560 029 PAN NO : AAACI3099Q VS. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-3(1)(1) BANGALORE APPELLANT RESPONDENT APPELLANT BY : SHRI K.R. VASUDEVAN, A.R. RESPONDENT BY : SHRI PRADEEP KUMAR, D.R. DATE OF HEARING : 07.12.2020 DATE OF PRONOUNCEMENT : 07.12.2020 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ASSESSMENT ORDER PASSED BY AO FOR THE ASSESSMENT YEAR 2013-14 IN PURSUANCE OF DIRECTIONS GIVEN BY LD DISPUTE RESOLUTION PANEL (DRP). 2. THE LD COUNSEL APPEARING FOR THE ASSESSEE SU BMITTED A LETTER DATED 04-12-2020 WRITTEN BY THE ASSESSEE, WHEREIN I T IS STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE UNDER DIRECT TAX VIVAD SE VISHWAS ACT FOR SETTLEMENT OF THE DISPUTE AND IT IS IN THE PROCESS OF FILING RELEVANT FORMS. ITA NO.2871/BANG/2017 M/S. INGERSOLL RAND (INDIA) 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 APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITH DRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE A PPEAL. 4. THE LD A.R, IN THE REJOINDER, SUBMITTED THA T THE ASSESSEE SHOULD BE GIVEN LIBERTY TO SEEK RECALL OF THE ORDER, IF TH E APPEAL IS DISMISSED BY THE BENCH AND SOMETHING GOES WRONG. 5. WE HEARD THE PARTIES AND PERUSED THE RECORD. SINCE THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE UNDER DIRECT TAX VI VAD SE VISHWAS ACT, 2020, THE APPELLANT WOULD BE MOVING APPLICATIO N FOR WITHDRAWING THE PRESENT APPEAL FILED BEFORE THE TRIBUNAL IN DUE COURSE. THE LD A.R SUBMITTED THAT THE ASSESSEE WOULD BE FILING NEC ESSARY APPLICATIONS BEFORE THE TAX AUTHORITIES UNDER THE A BOVE SAID ACT WITHIN FEW DAYS. HENCE, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THIS APPEAL PENDING. ACCORDINGL Y WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, THE A SSESSEE 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 I S DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON 07-12- 2020 SD/- (GEORGE GEORGE K. ) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 7 TH DEC, 2020. VG/SPS ITA NO.2871/BANG/2017 M/S. INGERSOLL RAND (INDIA) 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.