M/S COLLABNET SOFTWARE PRIVATE LIMITED, CHENNAI V. DCIT CORPORATE CIRCLE 1 (2), CHENNAI

ITTPA 15/CHNY/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5547 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 9 month(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 22-04-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 01-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R ANITA
• Assessee Lawyers: HEMALATHA K
• Section: 201

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI , . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I . T . (TP) A NO. 1 5 /CHNY/201 8 ASSESSMENT YEAR: 201 3 - 20 1 4 M/S. COLLABNET SOFTWARE PRIVATE LIMITED, FIRST SOFTWARE PARK, FIRST FLOOR, WING A, DOOR NO.110, MOUNT PONNAMALLE ROAD, PORUR, CHENNAI 600 116. [PAN: AA CCC 1216H ] VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(2 ), CHENNAI 600 034. ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : M S . HEMALATHA K., C.A. /RESPONDENT BY : M S . R. ANITA , JCIT / DATE OF HEARING : 27 .01.2021 / DATE OF PRONOUNCEMENT : 01. 02. 2021 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF THE LEARNED DEPUTY COMMISSIONER OF INCOM E TAX , CHENNAI IN DATED 31.08.2017 RELE VANT TO THE ASSESSMENT YEAR 201 3 - 201 4 . I . T . (TP) A NO . 1 5 /CHNY/201 8 : - 2 - : 2. WHEN THIS APPEAL WAS TAKEN UP FOR HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME 2020 AND FORM NO.3 WAS ALSO ISSUED. HE HAS SUBMITTED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 3. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRESEN TATIVE HAS NOT RAISED ANY OBJECTION TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE. 4. WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 5. IN THIS CASE, THE ASSESS EE HAS OPTED FOR THE VIVAD - SE - VISHWAS SCHEME 2020 AND THE DESIGNATED AUTHORITY HAS ISSUED FORM NO.3 FOR THE SETTLEMENT OF PENDING TAX DISPUTE. AC CORDINGLY, HE PRAYED THAT HE MAY BE PERMITTED TO WITHDRAW THE APPEAL. 6. IN VIEW OF THE SUBMISSIONS OF THE ASSESSEE, THE APPEAL FILED BY THE ASSESSEE IS PERMITTED TO BE WITHDRAWN. HOWEVER, IT IS OPEN TO THE ASSESSEE TO APPROACH THE TRIBUNAL BY FILING AN APPROPRIATE APPLICATION IN THE EVENT OF ANY INJUSTICE CAUSED TO THE ASSESSEE IN I . T . (TP) A NO . 1 5 /CHNY/201 8 : - 3 - : RESPECT OF THE SETTLEMENT OF DISPUTE RELATING TO THE VIVAD - SE - VISHWAS SCHEME 2020. 7 . IN THE RESULT, THE APPEA L OF THE ASSESSEE IN I.T. (TP) A . NO. 1 5 /CHNY/201 8 IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 1 ST FEBR UARY, 2021 IN CHENNAI. SD/ - ( . ) ( S. JAYARAMAN ) /ACCOUNTANT ME MBER SD/ - ( ) ( V. DURGA RAO ) /JUDICIAL MEMBER / CHENNAI, / DATED: 1 ST FEBR UARY, 2021 IA , SR. PS / COPY TO: 1. / APPELLANT 2. / RESPONDENT 3. ( ) / CIT(A) 4. / CIT 5. / DR 6. / GF