DCIT, BANGALORE vs. LG CNS INDIA PVT. LTD., BANGALORE

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ITA 300/BANG/2015Status: DisposedITAT Delhi16 February 2021AY 2011-124 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeals filed by both the assessee and the Revenue. This dismissal was conditional, allowing the assessee to seek restoration if the dispute settlement under the scheme was not finalized.

What were the facts?

The assessee sought to withdraw its appeals before the ITAT, having opted to settle tax disputes under the Vivad Se Vishwas Scheme, 2020. The assessee had filed the necessary forms, which were accepted and processed.

What were the issues?

The primary issue was the assessee's request to withdraw appeals due to opting for the Vivad Se Vishwas Scheme. The Tribunal had to decide on the appropriate course of action for the pending appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘I-2’ : NEW DELHI

Before: SHRI KULDIP SINGH & SHRI PRASHANT MAHARISHI

For Appellant: Shri S. Chakarbarty, Advocate
For Respondent: Shri Ashish Kumar, CIT DR
Hearing: 16.02.2021

PER BENCH :

1.

Appellant, M/s. LG CNS India Pvt. Ltd. (hereinafter referred to as ‘the assessee’), by filing the present appeals, sought to set aside the impugned orders dated 16.12.2014 (ITA (TP)

No.181/Bang./2015) passed by the Commissioner of Income-tax (Appeals)-4, Bangalore qua the assessment year 2011-12 and dated 29.01.2015 (ITA (TP) No.530/Bang./2015) passed by the Assessing Officer qua the assessment year 2010-11.

2.

Appellant, DCIT, Circle 4 (1)(1), New Delhi (hereinafter referred to as ‘the Revenue’), by filing the present appeals, sought to set aside the impugned orders dated 16.12.2014 (ITA (TP)

No.300/Bang./2015) passed by the Commissioner of Income-tax (Appeals)-4, Bangalore qua the assessment year 2011-12; and dated 29.01.2015 (ITA (TP) No.510/Bang./2015) passed by the Assessing Officer qua the assessment year 2010-11.

3 ITA (TP) No.181/BANG./2015 ITA (TP) No.530/BANG./2015 ITA (TP) No.300/BANG./2015 ITA (TP) No.510/BANG./2015 3. Ld. Counsel for the assessee filed an application seeking withdrawal of the appeals on the ground that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the “Vivad Se Vishwas Scheme, 2020” and has filed necessary Forms 1 & 2 with the Tax Department, which was accepted and processed vide Form 3 issued by the Tax Department.

3.

Keeping in view the aforesaid facts, present appeals are hereby dismissed with liberty to get it restored by the assessee in case dispute is not settled as per scheme. The Revenue has no objection with regard to the aforesaid caveat. Consequently, all the appeals filed by the assessee as well as Revenue are hereby dismissed. Order pronounced in open court on this 16th day of February, 2021 after the conclusion of the virtual hearing.

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