Scania CV AB, Kolar V. Deputy Commissioner of Income tax, Bangalore

ITA 727/BANG/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3968 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 7 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-11-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 03-11-2020
• Assessment Year: 2013-2014
• Appeal Filed On: 30-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: FARHAT HUSSAIN
• Assessee Lawyers: KEERTHI NARAYAN
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI , JUDICIAL MEMBER IT (IT) A NO. 727 /BANG/201 7 ASSESSMENT YEAR : 2013 14 M/S. SCANIA CV AB, SODERTAL JE, STOCKHOLM, SWEDEN 151187 C/O SRBC AND ASSOCIATES LLP, 1 ST FLOOR, A WING, DIVYASHREE CHAMBERS, #11, OSHOUGHNESSY ROAD, LANGFORD GARDENS, BENGALURU 560 025. PAN : A A U C S 38 63 L VS. DCIT (INTERNATIONAL TAXATION), CIRCLE 2(1), BENGALURU. APPELLANT RESPONDENT ASSESSEE BY : MS. KEERTHI NARAYAN , C A REVENUE BY : SHRI . FARHAT HUSSAIN , CIT DR DATE OF HEARING : 0 3 . 1 1 .20 20 DATE OF PRONOUNCEMENT : 03 . 1 1 .20 20 O R D E R PER B.R.BASKARAN, ACCOUNTANT MEMBER:- THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 27-01-2017 PASSED BY THE AO FOR ASSESSMENT YEAR 2013-14 U/S 143(3) R.W.S. 144C(13) OF THE ACT IN PURSUANCE OF DIRECTIONS GIVEN BY LD DISPUTE RESOLUTION PANEL. 2. THE LD COUNSEL OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE UNDER DIRECT TAX VIVAD SE VISHWAS ACT IT(IT)A NO. 727/BANG/2017 PAGE 2 OF 3 AND ACCORDINGLY FILED FORM 1 AND 2 BEFORE THE DESIGNATED AUTHORITIES. ACCORDINGLY, HE SOUGHT FOR ADJOURNMENT OF THE APPEAL. 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSESSEE HAS TO WITHDRAW THE PENDING APPEAL AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQUIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. ACCORDINGLY HE SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSEE, IN ANY WAY, IS REQUIRED TO WITHDRAW THE APPEAL. 4. THE LD A.R, IN THE REJOINDER, SUBMITTED THAT THE ASSESSEE HAS NOT YET RECEIVED FORM 3 AS PER DIRECT TAX VIVAS SE VISHWAS ACT AND ACCORDINGLY SUBMITTED THAT, IN CASE THE APPEAL IS DISMISSED, THE ASSESSEE SHOULD BE GIVEN LIBERTY TO SEEK RECALL OF THE ORDER, IF SOMETHING GOES WRONG. 5. WE HEARD THE PARTIES AND PERUSED THE RECORD. THE SUBMISSIONS MADE BY PARTIES ARE CONSIDERED. SINCE THE ASSESSEE HAS FILED APPLICATIONS UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020, THE APPELLANT WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRESENT APPEAL FILED BEFORE THE TRIBUNAL IN DUE COURSE. ACCORDINGLY, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THIS APPEAL PENDING. ACCORDINGLY WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. HOWEVER, THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. IT(IT)A NO. 727/BANG/2017 PAGE 3 OF 3 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON 03-11-2020 SD/- SD/- (BEENA PILLAI) (B. R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED: 03.11.2020. /NS/* COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.