Flextronics Technologies (India) Private Limited, Tamil Nadu V. DCIT, Bangalore

ITA 649/BANG/2015

AI Insights

The case involves M/s. Flextronics Technologies (India) Pvt. Ltd., the appellant, who filed an appeal against the final assessment order passed under Section 143(3) r.w.s. 144C of the Income Tax Act, 1961 for the assessment year 2010-11. The appeal was scheduled for hearing on 16 March 2023. However, the appellant submitted an application to withdraw the appeal, citing that the issues raised had become academic due to a subsequent order passed by the Learned Assessing Officer on 20 October 2017, which was in compliance with an earlier ITAT order dated 21 June 2017. The Learned Departmental Representative did not object to the withdrawal. Consequently, the tribunal dismissed the appeal as withdrawn.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 115309 (ITAT-BANGALORE)
• Duration Of Justice: 7 year(s) 10 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 15-03-2023
• Assessment Year: 2010-2011
• Appeal Filed On: 26-04-2015
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 144C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU “A” BENCH, BENGALURU Before Smt. Beena Pillai, Judicial Member and Ms. Padmavathy S., Accountant Member IT(TP)A No. 649/Bang/2015 (Assessment Year: 2010-11) M/s. Flextronics Technologies (India) Pvt. Ltd. Plot No. 3, Phase -II, SIPCOT Indl. Park, Sandavellure C Villate Sriperumbudur taluk Kancheepural Dist. 602106 PAN – AAACF5248E vsDCIT, Circle 3(1)(2) Bengaluru (Appellant) (Respondent) Assessee by:Shri Dhiraj R., Advocate Revenue by:Shri D.K. Mishra, CIT-DR Date of hearing: 16.03.2023 Date of pronouncement: 17.03.2023 O R D E R Per: Beena Pillai, J.M. The present appeal is filed by the assessee against the final assessment order passed under Section 143(3) r.w.s. 144C of the Income Tax Act, 1961 (the Act). The relevant assessment year is 2010-11. 2. During the course of hearing the Ld.AR moved an application for withdrawing the appeal along with copy of OGE passed by the DCIT, Circle – 3(1)(1) dated 20.10.2017 giving effect to the ITAT’s order, which are reproduced as below: - IT(TP)A No. 649/Bang/2015 M/s. Flextronics Technologies (India) Pvt. Ltd. 2 To, The Honourable Members Income Tax Appellate Tribunal Bench 'A', Bengalura-560041 . 15 March 2023 Dear Sir, Appellant : Flextronics Technologies (India) Private Limited ('Flex'/ 'the Appellant' / 'the Company') PAN : AAACF5248E Assessment Year : (“AY”) 2010-11 Appeal number : ITA 649/BANG/2015 Bench : 'A' Subject : Withdrawal of appeal Reference : Order dated 21 June 2017 passed by the Honorable Income Tax Appellant Tribunal ('Hon'ble Tribunal') for the captioned AY bearing the appeal numbers IT(TP)A Nos. 208, 649 and CO No. 98 / Bang / 2015 We refer to the appeal ITA 649/BANG/2015 for the AY 2010-11, which is scheduled for hearing on 16 March 2023 before the 'A' Bench of this Hon'ble Tribunal, pursuant to the directions of Hon'ble Karnataka High Court. In this regard, we wish to submit that complete relief has been granted to the Appellant in the order giving effect to the Hon'ble Tribunal order passed by the Learned Assessing Officer ('Ld. AO') vide order dated 20 October 2017 (enclosed as Annexure 1). The Ld. AO passed the aforesaid order pursuant to the directions of this Hon'ble Tribunal vide order dated 21 June 2017 for the captioned AY bearing the appeal numbers IT(TP)A Nos. 208, 649 and CO No. 98/Bang/ 2015. In light of the above, it is submitted the grounds pending adjudication before the Hon'ble Tribunal relating to working capital adjustments and set off of loss pertaining to Special Economic Zone Unit have become academic. We request your Lordships to take the same on record. In case of any clarifications / explanation in this regard, we humbly request your Lordships to provide us an opportunity to present our case through our authorized representatives and make submissions. Thanking you Flextronics Technologies (India) Private Limited | Plot 3, Phase II, SEZ SIPCOT Industrial Park, SandavellurC Village, Sriperumbudur Taluk, Kancheepuram District, Tamil Nadu - 602106, India Main+91 (44)6710-5000 | Fax[phone] | CIN: U31909TN2001PTC070708 | www.flex.com it’s (India) Private Limited IT(TP)A No. 649/Bang/2015 M/s. Flextronics Technologies (India) Pvt. Ltd. 3 3.In the application it is submitted that in view of the OGE passed by the DCIT, Circle 3(1)(1), Bangalore dated 20.10.2017 the grounds raised by the assessee before this Tribunal relating to working capital adjustments and set off of loss pertaining to Special Economic Zone Unit has become academic. Therefore the assessee prayed for withdrawal of the appeal. IT(TP)A No. 649/Bang/2015 M/s. Flextronics Technologies (India) Pvt. Ltd. 4 4. The learned D.R. did not raise any objection. 5. In view of the above facts and considering the prayer of the assessee we dismiss the appeal filed by the assessee as withdrawn. Order pronounced in the open Court on 17 th March, 2023. Sd/- Sd/- (Ms. Padmavathy S.) (Beena Pillai) Accountant Member Judicial Member Bengaluru, Dated: 17 th March, 2023 Copy to: 1.The Appellant 2.The Respondent 3.The CIT(A) -DRP 4.The CIT - 5.The DR, ITAT, Bengaluru 6.Guard File By Order //True Copy// Assistant Registrar ITAT, Bengaluru n.p.