DCIT, Bangalore V. M/s Broadcom India Pvt. Ltd., Bangalore

ITA 484/BANG/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6327 (ITAT-BANGALORE)
• Duration Of Justice: 5 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 09-06-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 17-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: R DHIRAJ
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES A, BANGALORE BEFORE SHRI GEORGE GEORGE K, JM & SHRI B.R.BASKARAN, AM IT(TP)A NO.484/BANG/2016 : ASST.YEAR 2011-2012 THE DY.COMMISSIONER OF INCOME - TAX, CIRCLE 4(1)(1) BANGALORE. V. M/S.LSI INDIA RESEARCH & DEVELOPMENT PRIVATE LIMITED (FORMERLY KNOWN AS BROADCOM COMMUNICATION TECHNOLOGIES PVT.LTD.), S1,WIPRO ELECTRONIC CITY, SPECIAL ECONOMIC ZONE, DODDATHOGUR VILLAGE, BEGUR HOBLI, ELECTRONIC CITY, BANGALORE 560 100 PAN : AACCB8136B. (APPELLANT) (RESPONDENT) IT(TP)A NO.658/BANG/2016 : ASST.YEAR 2011-2012 M/S.LSI INDIA RESEARCH & DEVELOPMENT PRIVATE LIMITED (FORMERLY KNOWN AS BROADCOM COMMUNICATION TECHNOLOGIES PVT.LTD.), BANGALORE 560 100 V. THE DY.COMMISSIONER OF INCOME-TAX, CIRCLE 4(1)(1) BANGALORE. (APPELLANT) (RESPONDENT) ASSESSEE BY : SRI.R.DHIRAJ, ADVOCATE REVENUE BY : MS.NEERA MALHOTRA, CIT-DR DATE OF HEARING : 20.04.2021 DATE OF PRONOUNCEMENT : 20.04.2021 O R D E R PER GEORGE GEORGE K, JM THESE ARE CROSS APPEALS DIRECTED AGAINST THE ORDER OF THE ASSESSING OFFICER PASSED U/S 143(3) R.W.S 144C(13) OF THE I.T.ACT DATED 27.01.2016. THE RELEVANT ASSESSMENT YEAR IS 2011-2012. 2. AT THE TIME OF HEARING BEFORE US, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS OPTED FOR FILING THE APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, FOR IT(TP)A NO.484 & 658/BANG/2016. M/S.LSI INDIA RESEARCH & DEVELOPMENT PVT.LTD.. 2 SETTLEMENT OF THE DISPUTE, AND ACCORDINGLY, PRAYED THAT THE APPEAL MAY BE TREATED AS WITHDRAWN. ACCORDINGLY, WE ARE OF THE VIEW THAT NO PURPOSE WOULD BE SERVED IN KEEPING THE APPEALS PENDING, SINCE THE SAME ARE TO BE WITHDRAWN, ONCE THE DISPUTE IS SETTLED UNDER THE ABOVE SAID ACT. 3. ACCORDINGLY, WE DISMISS THE ABOVE APPEALS. HOWEVER, LIBERTY IS GIVEN TO THE ASSESSEE AND REVENUE TO SEEK RECALL OF THIS ORDER, IF IT WARRANTS SO. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE AND REVENUE ARE DISMISSED. ORDER PRONOUNCED ON THIS 20 TH DAY OF APRIL, 2021. SD/- SD/- ( B.R.BASKARAN ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE; DATED : 20 TH APRIL, 2021. DEVADAS G* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE DRP-1, BANGALORE. 4. THE PR.CIT-2, BANGALORE. 5. THE DR, ITAT, BENGALURU. 6. GUARD FILE. ASST.REGISTRAR/ITAT, BANGALORE