MSC Software Corporation India Pvt. Ltd., Pune V. Deputy Commissioner of Income-tax,

ITA 624/PUN/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0361 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 15-03-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 07-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AMIT SINGHAL

Judgement Text

LH IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, PUNE (THROUGH VIRTUAL COURT) BEFORE SHRI INTURI RAMA RAO, AM AND SHRI S. S. VISWANETHRA RAVI, JM . / ITA NO.444/PUN/2016 / ASSESSMENT YEAR : 2011-12 DCIT, CIRCLE-14, PUNE. ....... / APPELLANT / V/S. MSC SOFTWARE CORPORATION OF INDIA P. LTD., 6 TH FLOOR, AMAR APEX, NEAR BANER TELEPHONE EXCHANGE, BANER ROAD, PUNE-411045. PAN : AAECM0862H / RESPONDENT . / ITA NO.624/PUN/2016 / ASSESSMENT YEAR : 2011-12 MSC SOFTWARE CORPORATION OF INDIA P. LTD., 6 TH FLOOR, AMAR APEX, NEAR BANER TELEPHONE EXCHANGE, BANER ROAD, PUNE-411045. PAN : AAECM0862H ....... / APPELLANT / V/S. DCIT, CIRCLE-14, PUNE. / RESPONDENT REVENUE BY : SHRI VIJAY BHASKAR REDDY ASSESSEE BY : SHRI AMIT SINGHAL / DATE OF HEARING : 15.03.2021 / DATE OF PRONOUNCEMENT : 15.03.2021 / ORDER THESE ARE THE CROSS APPEALS FILED BY THE REVENUE AS WELL AS THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE LEARNED DISPUTE RESOLUTION PANEL-3, 2 MUMBAI (THE DRP) DATED 18.12.2015 FOR THE ASSESSMENT YEAR 2011-12 RESPECTIVELY. 2. WHEN THE MATTER HAD COME UP FOR HEARING TODAY, THE APPELLANT FILED A LETTER SEEKING PERMISSION TO WITHDRAW THE ABOVE CROSS APPEALS AS THE DISPUTE IN THE CROSS APPEALS IS PROPOSED TO BE SETTLED UNDER VIVAD SE VISHWAS SCHEME, 2020. 3. ON THE OTHER HAND, THE LD. DEPARTMENT REPRESENTATIVE HAD EXPRESSED NO OBJECTION TO PERMIT THE WITHDRAWAL OF THE CROSS APPEALS. 4. WE ARE INCLINED TO GRANT THE PERMISSION TO THE APPELLANT HEREIN TO WITHDRAW THE CROSS APPEALS WITH THE LIBERTY TO THE APPELLANT TO REVIVE THE CROSS APPEALS PROCEEDINGS IN THE EVENT OF THE PR. COMMISSIONER OF INCOME TAX DECLINES TO ISSUE FORM NO.3 CERTIFICATE UNDER SUB-SECTION (1) OF SECTION 5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FOR WHATSOEVER REASONS. ACCORDINGLY, THE CROSS APPEALS STAND DISMISSED AS WITHDRAWN. 5. IN THE RESULT, THE ABOVE CAPTIONED CROSS APPEALS FILED BY THE REVENUE AS WELL AS THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 15 TH DAY OF MARCH, 2021. SD/- SD/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / PUNE; / DATED : 15 TH MARCH, 2021. SUJEET 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE DRP-2, MUMBAI. 4. THE CIT, PUNE. 5 . , , LH , / DR, ITAT, C BENCH, PUNE. 6. / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.