M/s Green Hills Software.Inc , USA V. The Deputy Commissioner of Income Tax (International Taxation) Circle-2(1), Bangalore

ITA 3228/BANG/2018

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9947 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 21-01-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 03-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: KEERTHI NARAYAN
• Section: 143(3); 144C; 147

Judgement Text

IT(TP)A NO.3228/BANG/2018 M/S. GREEN HILLS SOFTWARE INC., BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER IT(TP)A NO.3228/BANG/2018 ASSESSMENT YEAR: 2009-10 M/S. GREEN HILLS SOFTWARE LLC (FORMERLY KNOWN AS GREEN HILLS SOFTWARE INC.) 4 TH FLOOR BMTC BUILDING KORAMANGALA, 80 FT. ROAD BENGALURU PAN NO : AAHCG0269P VS. DEPUTY COMMISSIONER OF INCOME-TAX (IT) CIRCLE-2(1) BANGALORE APPELLANT RESPONDENT A PPELLANT BY : SHRI KEERTHI NARAYAN, A.R. RESPONDENT BY : SHRI KANNAN NARAYANAN, D.R. DATE OF HEARING : 31.12.2020 DATE OF PRONOUNCEMENT : 31.12.2020 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ASSESSMENT ORDER DATED 28.09.2018 PASSED BY THE ASSESSING OFFI CER U/S 143(3) RWS 147 RWS 144C OF THE ACT FOR THE ASSESSMENT YEAR 2009-10 IN PURSUANCE OF DIRECTIONS GIVEN BY LD DISPUTE RESOLUT ION PANEL (DRP). 2. THE ASSESSEE HAS FILED A LETTER STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN ITS APPEAL UNDER DIR ECT TAXES VIVAD SE VISHWAS ACT, 2020. IT IS FURTHER STATED THAT THE A SSESSEE HAS FILED FORM NO.1 & 2 FOR THE APPEAL FILED BY THE ASSESSEE AND IT HAS ALSO IT(TP)A NO.3228/BANG/2018 M/S. GREEN HILLS SOFTWARE INC., BANGALORE PAGE 2 OF 2 RECEIVED FORM NO.3. ACCORDINGLY IT IS SUBMITTED TH AT APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN. 3. WE HEARD LD D.R, WHO DID NOT OBJECT TO THE PR AYER OF THE ASSESSEE. SINCE THE ISSUES CONTESTED IN THE APPEAL OF THE ASS ESSEE HAVE BEEN SETTLED UNDER THE DIRECT TAXES VIVAD SE VISHWAS ACT , 2010, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. H OWEVER, WE GIVE LIBERTY TO THE ASSESSEE TO SEEK RECALL OF THIS ORDE R IN ACCORDANCE WITH LAW, IF THE CIRCUMSTANCES SO WARRANT. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST DEC, 2020 SD/- (GEORGE GEORGE K. ) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 31 ST 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.