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

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ITA 2495/BANG/2017Status: DisposedITAT Bangalore11 August 2021AY 2013-142 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee wished to withdraw the appeal due to the settlement under the Vivad Se Vishwas Act. The Tribunal dismissed the appeal as withdrawn.

What were the facts?

The assessee opted to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020. The assessee filed the necessary forms and was awaiting further confirmation.

What were the issues?

The primary issue was the assessee's intention to withdraw the appeal due to opting for the Vivad Se Vishwas scheme for dispute resolution.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A’’ BENCH: BANGALORE

Before: SHRI N.V. VASUDEVAN & SHRI CHANDRA POOJARI

For Appellant: Shri Mithul Ayyappa, A.R
For Respondent: Ms. Neera Malholtra, D.R
Hearing: 11.08.2021Pronounced: 11.08.2021

PAN NO : AACCB4490N APPELLANT RESPONDENT Appellant by : Shri Mithul Ayyappa, A.R. Respondent by : Ms. Neera Malholtra, D.R. Date of Hearing : 11.08.2021 Date of Pronouncement : 11.08.2021 O R D E R

PER CHANDRA POOJARI, ACCOUNTANT MEMBER:

1.

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.

2.

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.

3.

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

4.

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.

5.

In the result, the appeal of the assessee is dismissed as withdrawn.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

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