M/S BROCADE COMMUNICATIONS SYSTEMS PVT LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1)(2), BANGALORE

The assessee has filed this appeal challenging the order dated 22.08.2017 passed by Ld Dispute Resolution Panel-1, Bengaluru and it relates to the assessment year 2013-14.

The Ld Counsel for the assessee has furnished a letter dated 11.8.2021 stating that the assessee has opted to settle the dispute under Direct Tax Vivad Se Vishwas Act for settlement of the dispute by filing Form No.1 & 2 and has also received Form No.3. The Ld A.R submitted that the assessee is awaiting Form No.5. Accordingly the IT(TP)A No.2495/Bang/2017 M/s. Brocade Communications Systems Pvt. Ltd., Bangalore Page 2 of 2 Ld A.R submitted that the assessee wishes to withdraw the appeal. The Ld A.R submitted that the assessee may be given liberty to seek recall of the order, if something goes wrong.

The Ld D.R did not object to the prayer made by the assessee.

We heard the parties and perused the record. Since the assessee has opted to settle the dispute under Direct Tax Vivad Se Vishwas Act, 2020, 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 Accordingly we dismiss the appeal of the assessee as withdrawn.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.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 11th Aug, 2021.