M/s Molex (India) Private Limited , Bangalore V. The Deputy Commissioner of Income Tax Circle-4(1)(2), Bangalore

ITA 2932/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1277 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 26-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 144C

Judgement Text

IT(TP)A NO.2932/BANG/2018 M/S. MOLEX (INDIA) PVT.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.2932/BANG/2018 ASSESSMENT YEAR: 2014-15 M/S. MOLEX (INDIA) PVT. LTD. PLOT NO.6(A), SADARAMANGALA INDUSTRIAL AREA KADUGODI BANGALORE-560 067 PAN NO : AACCM6091N VS. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-4(1)(2) BANGALORE APPELLANT RESPONDENT APPELLANT BY : SHRI CHAVALI NARAYAN, A.R. RESPONDENT BY : SHRI PRADEEP KUMAR, D.R. DATE OF HEARING : 17.12.2020 DATE OF PRONOUNCEMENT : 17.12.2020 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ASSESSMENT ORDER DATED 24-08-2018 PASSED BY THE AO FOR THE ASS ESSMENT YEAR 2014-15 U/S 143(3) R.W.S. 144C OF THE INCOME-TAX AC T,1961 ['THE ACT' FOR SHORT] IN PURSUANCE OF DIRECTIONS GIVEN BY LD D ISPUTE RESOLUTION PANEL (DRP). 2. THE LD COUNSEL APPEARING FOR THE ASSESSEE SU BMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE UNDER DIRE CT TAX VIVAD SE VISHWAS ACT FOR SETTLEMENT OF THE DISPUTE. HE SUBM ITTED THAT THE IT(TP)A NO.2932/BANG/2018 M/S. MOLEX (INDIA) PVT.LTD.,BANGALORE PAGE 2 OF 3 ASSESSEE HAS NOT YET FILED THE RELEVANT FORMS BEFOR E THE DESIGNATED AUTHORITY. ACCORDINGLY, THE LD A.R SOUGHT ADJOURNME NT OF THE CASE. 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 HE 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. IT(TP)A NO.2932/BANG/2018 M/S. MOLEX (INDIA) PVT.LTD.,BANGALORE PAGE 3 OF 3 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH DEC, 2020 SD/- (GEORGE GEORGE K. ) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 17 TH DEC, 2020. 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.