M/s Samsung R & D Institute India Private Limited , Bangalore V. Deputy Commissioner of Income Tax, International Taxation Circle-2(1), Bangalore

ITA 2980/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3013 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 23-11-2020
• Assessment Year: 2010-2011
• Appeal Filed On: 02-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KANNAN N J CIT BENGALURU
• Assessee Lawyers: MANISH PRASAD
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI. PAVAN KUMAR GADALE , JUDICIAL MEMBER ITA N O S . 29 7 9 AND 2980 /BANG/20 1 8 ASSESSMENT YEAR : 2010-11 M/S. SAMSUNG R & D INSTITUTE INDIA BANGALORE PVT. LTD., [FORMERLY KNOWN AS SAMSUNG INDIA SOFTWARE OPERATIONS PVT. LTD.,] 2870 ORION BUILDING, BAGMANE CONSTELLATION BUS, OR ROAD BODDANEKUNDI CIRCLE, MARATHAHALLI, BENGALURU 560 048. PAN : A AI C S 6290 F VS. THE DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE 2(1), BENGALURU. APPELLANT RESPONDENT ASSESSEE BY : S HRI . MANISH PRASAD , A DVOCATE REVENUE BY : SHRI. KANNAN N , J CIT (DR)(ITAT), BENGALURU DATE OF HEARING : 2 3 . 11 .2020 DATE OF PRONOUNCEMENT : 23 . 11 .2020 O R D E R PER PAVAN KUMAR GADALE, JUDICIAL MEMBER: THESE ARE THE APPEALS FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT(A)-12 DATED 14.08.2018. 2. AT THE TIME OF HEARING, THE LEARNED AR OF THE ASSESSEE SUBMITTED THAT LETTER DATED 19 TH NOVEMBER, 2020 WAS FILED STATING THAT THE ASSESSEE IS OPTING FOR VIVAD SE VISHWAS SCHEME, 2020. IN THE COURSE OF HEARING, IT WAS THE PROPOSITION PUT FORWARD BY THE BENCH THAT UNDER THESE FACTS THE APPEALS OF THE ASSESSEE MAY BE ITA NOS. 2979 AND 2980/BANG/2018 PAGE 2 OF 2 DISMISSED AND WITHDRAWN AND LIBERTY MAY BE GRANTED TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS ORDER UNDER SECTION 254(2) OF THE ACT IN CASE THE ASSESSEE FINALLY OPTS OUT OF VIVAD SE VISHWAS SCHEME, 2020. IN REPLY, IT WAS SUBMITTED BY LEARNED AR OF THE ASSESSEE THAT IF THE LIBERTY IS GRANTED TO THE ASSESSEE, THEN ASSESSEE HAS NO OBJECTION ABOUT DISMISSAL OF THE APPEALS AS WITHDRAWN. LEARNED DR OF THE REVENUE HAS NO OBJECTION ON THE PROPOSITION. 3. IN VIEW OF ABOVE DISCUSSIONS, WE DISMISS THESE APPEALS AS WITHDRAWN AND GRANT LIBERTY TO THE ASSESSEE TO APPROACH THIS TRIBUNAL FOR RECALL OF THIS TRIBUNAL ORDER UNDER SECTION 254(2) OF THE ACT IN CASE THE ASSESSEE FINALLY OPTS OUT OF VIVAD SE VISHWAS SCHEME, 2020, FOR ANY REASON IN ACCORDANCE WITH LAW. 4. IN THE RESULT, BOTH THE ASSESSEES APPEALS ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- (CHANDRA POOJARI) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED: 23.11. 2020. /NS/* COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.