DCIT, BANGALORE vs. M/S BROADCOM INDIA PVT. LTD., BANGALORE

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ITA 484/BANG/2016Status: DisposedITAT Bangalore20 April 2021AY 2011-122 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The Tribunal held that no purpose would be served in keeping the appeals pending as they were to be withdrawn. Therefore, the appeals were dismissed.

What were the facts?

The assessee opted to file an application under the Direct Tax Vivad Se Vishwas Act for settlement of the dispute. The assessee requested that the appeals be treated as withdrawn.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCHES “A”, BANGALORE

Hearing: 20.04.2021

O R D E R Per George George K, JM These are cross appeals directed against the order of the Assessing Officer passed u/s 143(3) r.w.s 144C(13) of the I.T.Act dated 27.01.2016. The relevant assessment year is 2011-2012.

2.

At the time of hearing before us, the learned Counsel for the assessee submitted that the assessee has opted for filing the application under Direct Tax Vivad Se Vishwas Act, for 2 IT(TP)A No.484 & 658/Bang/2016. M/s.LSI India Research & Development Pvt.Ltd.. settlement of the dispute, and accordingly, prayed that the appeal may be treated as withdrawn. Accordingly, we are of the view that no purpose would be served in keeping the appeals pending, since the same are to be withdrawn, once the dispute is settled under the above said Act.

3.

Accordingly, we dismiss the above appeals. However, liberty is given to the assessee and Revenue to seek recall of this order, if it warrants so.

4.

In the result, the appeal filed by the assessee and Revenue are dismissed.

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