ORACLE INDIA PRIVATE LIMITED,NEW DELHI vs. DCIT, BANGALORE

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ITA 10/BANG/2015Status: DisposedITAT Bangalore01 February 2021AY 2009-103 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The Tribunal dismissed the appeals as withdrawn, subject to the condition that if the dispute is not resolved under the VSV scheme, the assessee can seek reinstitution of the appeals.

What were the facts?

The assessee filed appeals before the ITAT for AY 2008-09 and 2009-10. The assessee later opted for the Vivad Se Vishwas (VSV) scheme and filed the necessary declarations.

What were the issues?

The primary issue was the assessee's request to withdraw the appeals due to opting for the Vivad Se Vishwas scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

Before: SH. ANIL CHATURVEDI & SH. K. NARASIMHA CHARY

For Appellant: Shri Anubhav Rastogi, Adv
For Respondent: Shri Sunil Kumar, CIT-DR
Hearing: 01/02/2021Pronounced: 01/02/2021

ORDER PER K. NARASIMHA CHARY, JM : Both the appeals by the assessee are preferred against the order of the Commissioner of Income Tax (Appeals)-IV, Bangalore dated 07.11.2014 & 10.03.2014 pertaining to A.Y. 2009-10 & 2008-09.

2 2. Before us, assessee has moved an application dated 30th Jan 2021 wherein the assessee has stated that it has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form-1) and undertaking (Form-2) Scheme and Designated Authority is yet to issue certificate in Form-3.

3.

After considering the request made by the assessee, we dismiss the appeals of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid Act, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeals and the Tribunal shall consider such application appropriately as per law. With these directions, both the appeals of the assessee are dismissed as withdrawn.

In the result, both the appeals of the assessee are 4. dismissed.

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