Cisco Systems (India) Private Ltd, Bangalore V. Deputy commissioner of Income tax, Bangalore

ITA 564/BANG/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8265 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 9 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 31-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI. B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A NO.564/BANG/2016 & CO NO.71/BANG/2016 ASSESSMENT YEAR : 2011-12 CISCO SYSTEMS (INDIA) PVT. LTD., BRIGADE SOUTH PARADE, NO.10, MAHATMA GANDHI ROAD, BENGALURU-560 001. PAN AABCC 0258 Q VS. THE DY. COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), BENGALURU. APPELLANT RESPONDENT IT(TP)A NO.503/BANG/2016 ASSESSMENT YEAR : 2011-12 THE DY. COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), BENGALURU. VS. CISCO SYSTEMS (INDIA) PVT. LTD., BRIGADE SOUTH PARADE, NO.10, MAHATMA GANDHI ROAD, BENGALURU-560 001. PAN AABCC 0258 Q APPELLANT RESPONDENT APPELLANT BY : SHRI RAJAN VORA, C.A RESPONDENT BY : SHRI MUZAFFAR HUSSAIN, CIT (DR) PAGE 2 OF 4 IT(TP)A NO.564, 503/BANG/2016 CO NO.71/BANG/201 6 DATE OF HEARING : 12-01-2021 DATE OF PRONOUNCEMENT : 12-01-2021 ORDER PER BEENA PILLAI, JUDICIAL MEMBER PRESENT CROSS APPEALS AND CROSS-OBJECTION BY THE A SSESSEE HAVE BEEN FILED BY ASSESSEE AS WELL AS REVENUE AGAI NST DIRECTIONS DATED 30/12/2015 PASSED BY DRP-11, AND ORDER DATED 21/1/2016 PASSED BY DCIT, BANGALORE, FOR ASSESSMENT YEAR 2011-12. 2. AT THE OUTSET, LD.AR VIDE LETTER DATED 18/12/202 0 SUBMITTED THAT ASSESSEE HAS DECIDED TO GO IN FOR VS VS 2020. IT IS ALSO BEEN SUBMITTED THAT ASSESSEE FILED FORM 1 & 2 IN RESPECT OF THESE APPEALS. HE HOWEVER FILED AN ADJOURNMENT APPL ICATION SEEKING DATE TILL THAT RECEIVED FORM 3. 3. LD.SR.DR SUBMITTED THAT THE APPEALS MAY BE DISMI SSED AS NO PURPOSE WILL BE SERVED BY KEEPING THE APPEALS PE NDING. 4. WE HAVE PERUSED SUBMISSIONS ADVANCES BY BOTH SID ES IN LIGHT OF RECORDS PLACED BEFORE US. 5. AS ASSESSEE HAS SOUGHT FOR VSVS- SCHEME 2020, NO PURPOSE WILL BE SERVED IN KEEPING THE PRESENT APPEALS PENDI NG. CONSIDERING THE SITUATION, WE DISMISS THE PRESENT A PPEALS AS WITHDRAWN. HOWEVER, LIBERTY IS GRANTED TO MOVE APPR OPRIATE APPLICATION FOR RECALL OF THIS ORDER, IN ACCORDANCE WITH LAW IF CIRCUMSTANCES SO WARRANT. PAGE 3 OF 4 IT(TP)A NO.564, 503/BANG/2016 CO NO.71/BANG/201 6 ACCORDINGLY, ASSESSEES APPEALS FOR YEAR UNDER CONS IDERATION ARE ALLOWED TO BE WITHDRAWN WITH LIBERTY. IN THE RESULT, ASSESSEES APPEALS ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH JANUARY, 2021 SD/- SD/- (B. R. BASKARAN) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL ME MBER BANGALORE, DATED, THE 12 TH JANUARY, 2021. /VMS/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE PAGE 4 OF 4 IT(TP)A NO.564, 503/BANG/2016 CO NO.71/BANG/201 6 DATE INITIAL 1. DRAFT DICTATED ON ON DRAGON SR.PS 2. DRAFT PLACED BEFORE AUTHOR -1-2021 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER -1-2021 JM/AM 4. DRAFT DISCUSSEDAPPROVED BY SECOND MEMBER. -1-2021 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS -1-2021 SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON -1-2021 SR.PS 7. DATE OF UPLOADING THE ORDER ON WEBSITE -1-2021 SR.PS 8. IF NOT UPLOADED, FURNISH THE REASON -- SR.PS 9. FILE SENT TO THE BENCH CLERK -1-2021 SR.PS 10. DATE ON WHICH FILE GOES TO THE AR 11. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 12. DATE OF DISPATCH OF ORDER. 13. DRAFT DICTATION SHEETS ARE ATTACHED NO SR.PS