CISCO SYSTEMS (INDIA) PRIVATE LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

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ITA 564/BANG/2016Status: DisposedITAT Bangalore12 January 2021AY 2011-124 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The tribunal noted that the assessee had opted for the VSVS scheme and that keeping the appeals pending would serve no purpose. Therefore, the appeals were dismissed as withdrawn.

What were the facts?

The assessee and revenue filed cross appeals and a cross-objection against directions and an order for the assessment year 2011-12. The assessee subsequently opted for the Vivad se Vishwas (VSVS) scheme, 2020.

What were the issues?

The primary issue was whether the pending appeals should be kept alive when the assessee had opted for a dispute resolution scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH : BANGALORE

Before: SHRI. B. R. BASKARAN & SMT. BEENA PILLAI

For Appellant: Shri Rajan Vora, C.A
For Respondent: Shri Muzaffar Hussain, CIT (DR)

ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present cross appeals and Cross-objection by the assessee have been filed by assessee as well as Revenue against directions dated 30/12/2015 passed by DRP-11, and order dated 21/1/2016 passed by DCIT, Bangalore, for assessment year 2011-12.

2.

At the outset, Ld.AR vide letter dated 18/12/2020 submitted that assessee has decided to go in for VSVS 2020. It is also been submitted that assessee filed Form 1 & 2 in respect of these appeals. He however filed an adjournment application seeking date till that received Form 3.

3.

Ld.Sr.DR submitted that the appeals may be dismissed as no purpose will be served by keeping the appeals pending.

4.

We have perused submissions advances by both sides in light of records placed before us.

5.

As assessee has sought for VSVS- scheme 2020, no purpose will be served in keeping the present appeals pending. Considering the situation, we dismiss the present appeals as withdrawn. However, liberty is granted to move appropriate application for recall of this order, in accordance with law if circumstances so warrant.

Page 3 of 4 IT(TP)A No.564, 503/Bang/2016 CO No.71/Bang/2016 Accordingly, assessee’s appeals for year under consideration are allowed to be withdrawn with liberty. In the result, assessee’s appeals are dismissed as withdrawn.

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