M/s Ingersoll-Rand Technologies and Services Pvt Ltd , Bangalore V. Income Tax Officer Ward-3(1)(4), Bangalore

ITA 2926/BANG/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1910 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 18-05-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 25-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: K R VASUDEVAN

Judgement Text

IT(TP)A NO.2926/BANG/2018 M/S. INGERSOLL-RAND TECHNOLOGIES & SERVICES PVT. LTD., BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER IT(TP)A NO.2926/BANG/2018 ASSESSMENT YEAR: 2014-15 M/S. INGERSOLL-RAND TECHNOLOGIES PVT. LTD. 8TH FLOOR, TOWER D, IBC KNOWLEDGE PARK NO.4/1, BANNERGHATTA MAIN ROAD BENGALURU 560 029 PAN NO : AAACI2961B VS. ITO WARD-3(1)(4) BENGALURU APPELLANT RESPONDENT APPELLANT BY : SHRI K.R. VASUDEVAN, A.R. RESPONDENT BY : MS. NEERA MALHOTRA, D.R. DATE OF HEARING : 04.03.2021 DATE OF PRONOUNCEMENT : 04.03.2021 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THIS APPEAL AT THE INSTANCE OF THE ASSESSEE IS DIRE CTED AGAINST CIT(A)S ORDER DATED 26.07.2018. THE RELEVANT ASSES SMENT YEAR IS 2014-15. 2. AT THE TIME OF HEARING BEFORE ME, THE LEARNED CO UNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS OPTED FOR FILING THE APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, FOR SETTLEMENT OF THE DISPUTE, AND ACCORDINGLY, HE PRAYED THAT THE AP PEAL MAY BE ADJOURNED. IT(TP)A NO.2926/BANG/2018 M/S. INGERSOLL-RAND TECHNOLOGIES & SERVICES PVT. LTD., BANGALORE PAGE 2 OF 3 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE, HOWEVER , SUBMITTED THAT THE ASSESSEE HAS TO WITHDRAW THE PENDING APPEA L AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREA FTER, THE ASSESSEE IS REQUIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OF FICIAL TO THE TO THE DEPARTMENT. HE SUBMITTED THAT FORM NO.3 SHALL BE IS SUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS T HE ASSESSEE IN ANY CASE IS REQUIRED TO WITHDRAW THE APPEAL. THE L EARNED DR FURTHER SUBMITTED THAT IN THIS TYPE OF CASE, THE TRIBUNAL I S GIVING LIBERTY TO SEEK RECALL OF THE ORDER, IF THE APPEAL IS DISMISSE D BY THE BENCH. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIALS ON RECORD. THE SUBMISSIONS MADE BY THE LE ARNED DR IS CONSIDERED. SINCE THE ASSESSEE HAS OPTED FOR FILING THE APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT FOR SETTLEMEN T OF THE DISPUTE, THE ASSESSEE WOULD BE MOVING APPLICATION FOR WITHDR AWING THE PRESENT APPEAL FILED BEFORE THE TRIBUNAL IN DUE COU RSE. HENCE, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPI NG THIS APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. SINCE WE HAVE DISMISSED THE APPEAL, THE ASSESSEE IS AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. IT(TP)A NO.2926/BANG/2018 M/S. INGERSOLL-RAND TECHNOLOGIES & SERVICES PVT. LTD., BANGALORE PAGE 3 OF 3 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED, AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH MAR, 2021. SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER BANGALORE, DATED 4 TH MAR, 2021. VG/SPS 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.