M/S INTEL CORPORATION,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX (OSD) (INTERNATIONAL TAXATION) CIRCLE-1(1), BANGALORE

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ITA 1287/BANG/2018Status: DisposedITAT Bangalore04 September 2020AY 2012-133 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The Tribunal dismissed the appeals as withdrawn, granting the assessee liberty to seek recall of the order if they opt out of the Vivad Se Viswas scheme or face issues with it.

What were the facts?

The assessee opted for settlement under the Vivad Se Viswas Act, leading to the withdrawal of their appeals. However, the formalities under the Act were incomplete.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Viswas scheme, and the conditions for recalling such an order.

Which sections of the Income-tax Act were involved?

Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI A. K. GARODIA & SMT. BEENA PILLAI

Hearing: 02.09.2020Pronounced: 04.09.2020

APPELLANT RESPONDENT Assessee by : Shree Manju Prasad L, B. Com. Revenue by : Shree T. Roumuan Paite, CIT DR Date of hearing : 02.09.2020 Date of Pronouncement : 04.09.2020 O R D E R PER ARUN KUMAR GARODIA, A. M.: Both these appeals are filed by the assessee and the same are directed against two separate orders of learned CIT(A) – 12 Bengaluru dated 16.02.2018 for A. Y. 2012 – 13 and dated 30.10.2017 for A. Y. 2013 – 14.

2.

In course of hearing, learned AR of the assessee submitted that the assessee has opted for settlement under Vivad Se Viswas Act and therefore, these appeals may be dismissed as withdrawn but various formalities under that Act are still incomplete and therefore, liberty should be granted to the assessee to approach this tribunal for recall of this order u/s 254 (2) of I T Act in case the assessee opt out of that scheme under Vivad Se Viswas Act or there is any problem under that Act.

3.

Learned DR of the revenue had no objection about this request of the learned AR of the assessee. Hence, we dismiss these two appeals as withdrawn and grant liberty to the assessee to approach this tribunal for recall of this order u/s 254 (2) of I T Act in case the assessee at some stage before completion of the formalities under that Act opts out of that Scheme under Vivad Se Viswas Act or there is any problem under that Scheme.

4.

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

Pronounced in the open court on the date mentioned on the caption page.

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