Broadcom Communications Technologies Private Limited, Bangalore V. DCIT, Bangalore

ITA 519/BANG/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9106 (ITAT-BANGALORE)
• Duration Of Justice: 5 year(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 23-03-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 22-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MUZAFFAR HUSSAIN
• Assessee Lawyers: R DHIRAJ
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES B, BANGALORE BEFORE SHRI CHANDRA POOJARI, AM & SHRI GEORGE GEORGE K, JM IT(TP)A NO.483/BANG/2016 : ASST.YEAR 2011-2012 IT(TP)A NO.485/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.514/BANG/2016 : ASST.YEAR 2011-2012 IT(TP)A NO.519/BANG/2016 : ASST.YEAR 2011-2012 IT(TP)A NO.1970/BANG/2017 : ASST.YEAR 2013-2014 IT(TP)A NO.2037/BANG/2017 : ASST.YEAR 2013-2014 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) APPELLANT BY : SRI.R.DHIRAJ, ADVOCATE RESPONDENT BY : SRI.MUZAFFAR HUSSAIN, CIT-DR DATE OF HEARING : 23.03.2021 DATE OF PRONOUNCEMENT : 23.03.2021 O R D E R PER BENCH : THESE ARE CROSS APPEALS AGAINST TWO ORDERS OF THE ASSESSING OFFICER PASSED U/S 143(3) R.W.S 144C(13) OF THE I.T.ACT (ORDER DATED 18.01.2016 FOR A.Y. 2011-2012 & ORDER DATED 07.08.2017 FOR A.Y. 2013-2014). THE RELEVANT ASSESSMENT YEARS ARE 2011-2012 AND 2013-2014. 2. THE ASSESSEE DURING THE COURSE OF HEARING HAD SUBMITTED VIDE LETTER DATED 19 TH MARCH, 2021, THAT IT HAS OPTED FOR SETTING IT(TP)A NO.483/BANG/2016 & ORS. M/S.LSI INDIA RESEARCH & DEVELOPMENT PVT.LTD.. 2 THE MATTER UNDER DIRECT TAXES VIVAD SE VISHWAS ACT, 2020 AND PRAYED THE APPEALS MAY BE TREATED AS WITHDRAWN WITH THE LIBERTY TO THE ASSESSEE AND REVENUE TO RECALL THE SAME, IF REQUIRED. 3. IN VIEW OF THE SUBMISSIONS OF THE LEARNED AR AND LEARNED DR, WE DISMISS THESE APPEALS AS WITHDRAWN, SINCE THE ASSESSEE WANTS TO SETTLE THE MATTER UNDER DIRECT TAXES VIVAD SE VISHWAS ACT, 2020. THERE ARE TWO DEPARTMENTAL APPEALS ALSO, WHICH ARE WITHDRAWN. IF THE ASSESSEE IS NOT PURSUING THE MATTER UNDER DIRECT TAXES VIVAD SE VISHWAS ACT, 2020, IT SHALL INTIMATE THE DEPARTMENT, SO THAT THE DEPARTMENT SHALL FILE NECESSARY APPLICATION FOR RECALLING THE PRESENT ORDER. 4. IN THE RESULT, THE APPEALS FILED BY THE REVENUE AND ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON THIS 23 RD DAY OF MARCH, 2021 . SD/- SD/- ( CHANDRA POOJARI ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE; DATED : 23 RD MARCH, 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