DELL INDIA PRIVATE LTD.,,BANGALORE vs. ITO, BANGALORE

The assessee has filed this appeal challenging the orders passed by Ld CIT(A), Large tax payers Unit, Bengaluru and it relates to the assessment years 2009-10 and 2010-11.

The Ld A.R of the assessee has filed a letter stating that the assessee has opted to settle the dispute in these two appeals under ITA No.734 /Bang/2014 & Dell International Services India Pvt. Ltd. Bangalore

The Ld D.R, however, submitted that the assessee has to withdraw the pending appeal after filing Form VSV1 as per Vivad Se Vishwas Act, 2020. Thereafter, the assessee is required to furnish a copy of the same along with the proof of payment of tax as determined by the tax official to the department. Accordingly he submitted that the request of the assessee may be accepted.

We heard the parties and perused the record. The submissions made by parties are considered. Since the assessee has filed application under Direct Tax Vivad Se Vishwas Act, 2020 for settling the issues for the year under consideration, as requested by the Ld A.R of the assessee, we allow the assessee to withdraw these two appeals. However, since the proceedings under VSVS scheme have not reached finality, the assessee is given liberty to move appropriate applications seeking recall of the present order in accordance with the law, if the same is warranted.

In the result, both the appeals of the assessee are dismissed as withdrawn. Order pronounced in the open court on 13th Jan, 2021 Sd/- Sd/- (Beena Pillai) (B.R. Baskaran) Judicial Member Accountant Member Bangalore, Dated 13th Jan, 2021. VG/SPS