IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES B, BANGALORE BEFORE SHRI CHANDRA POOJARI, AM & SHRI GEORGE GEORGE K, JM IT(TP)A NO.750/BANG/2016 : ASST.YEAR 2008-2009 M/S. TYCO FIRE AND SECURITY INDIA PRIVATE LIMITED, D-601, CAMPUS D 6 TH FLOOR, RMZ CENTENNIAL, KUNDALAHALLI MAIN ROAD BANGALORE 560 048. PAN : AABCT0087C. V. THE DY.COMMISSIONER OF INCOME-TAX, CIRCLE 7(1)(1) BANGALORE. (APPELLANT) (RESPONDENT) APPELLANT BY : SRI.KEERTHI NARAYANAN, CA RESPONDENT BY : SRI.MUZAFFAR HUSSAIN, CIT-DR DATE OF HEARING : 08.02.2021 DATE OF PRONOUNCEMENT : 08.02.2021 O R D E R PER GEORGE GEORGE K, JM : THIS APPEAL AT THE INSTANCE OF THE ASSESSEE IS DIRECTED AGAINST THE FINAL ASSESSMENT ORDER DATED 29.01.2016 PASSED U/S 143(3) R.W.S. 263 R.W.S. 144C(13) OF THE I.T.ACT. THE RELEVANT ASSESSMENT YEAR IS 2008-2009. 2. AT THE TIME OF HEARING BEFORE US, THE LEARNED COUNSEL FOR THE ASSESSEE HAS FURNISHED A LETTER DATED 02 ND FEBRUARY, 2021, WHEREIN IT IS STATED THAT THE ASSESSEE HAS OPTED FOR FILING THE APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, FOR SETTLEMENT OF THE DISPUTE, AND ACCORDINGLY, PRAYED THAT THE APPEAL MAY BE TREATED AS WITHDRAWN, WITH LIBERTY TO APPLY FOR A RECALL, IF FORM 1 & 2 FILED BY THE ASSESSEE ARE NOT ACCEPTED BY THE DEPARTMENT FOR ANY REASON. IT(TP)A NO.750/BANG/2016 M/S.TYCO FIRE AND SECURITY INDIA PVT.LTD. 2 3. WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. IN VIEW OF THE SUBMISSION OF THE LEARNED COUNSEL FOR THE ASSESSEE IN HIS LETTER DATED 02 ND FEBRUARY, 2021, WE DISMISSED THE APPEAL AS WITHDRAWN. THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALLING THE PRESENT ORDER IN ACCORDANCE WITH LAW, IF THE ASSESSEE INTENDS TO DO SO. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED, AS WITHDRAWN. ORDER PRONOUNCED ON THIS 08 TH DAY OF FEBRUARY, 2021 . SD/- SD/- ( CHANDRA POOJARI ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE; DATED : 08 TH FEBRUARY, 2021. DEVADAS G* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE DRP-2, BANGALORE 4. THE PR.CIT-5, BANGALORE. 5. THE DR, ITAT, BENGALURU. 6. GUARD FILE. ASST.REGISTRAR/ITAT, BANGALORE