M/S TEXAS INSTRUMENTS INCORPORATED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) CIRCLE-2(1), BANGALORE

These appeals filed by the assessee are directed against the order of CIT(A)-12, Bengaluru dated 5.5.2018 for the assessment years 2013-14 & 2014-15.

At the time of hearing, the Ld A.R submitted that the assessee has filed applications under the Direct Tax Vivad Se Vishwas Act, 2020 and is waiting for the certificates in Form No.3 from the Pr. CIT. Accordingly the Ld A.R submitted that the matter may be kept pending.

The Ld D.R, however, submitted that the assessee has to withdraw the pending appeals 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. He submitted that the Form no.3 shall be issued to the assessee in due course and accordingly he submitted that the appeals of the assessee may be dismissed as withdrawn, as the assessee, in any way, is required to withdraw the appeals.

We heard the parties and perused the record. Since the assessee has opted for Vivad Se Vishwas Scheme, 2020, the appellant would be moving applications for withdrawing the present appeals filed before the Tribunal in due course. Since the assessee has already filed the necessary applications before the tax authorities under the above said scheme, we are of the view that no purpose will be served in keeping these appeals pending. Accordingly, we dismiss the appeals of the assessee as withdrawn.