Broadcom Communications technologies Pvt Ltd , Bangalore v. Deputy Commissioner of Income Tax Circle-1(1)(2), Bangalore

ITA 2037/BANG/2017 | 2013-2014
Pronouncement Date: 23-03-2021 | Result: Dismissed

Appeal Details

RSA Number 203721114 RSA 2017
Assessee PAN AACCB8136B
Bench Bangalore
Appeal Number ITA 2037/BANG/2017
Duration Of Justice 3 year(s) 5 month(s)
Appellant Broadcom Communications technologies Pvt Ltd , Bangalore
Respondent Deputy Commissioner of Income Tax Circle-1(1)(2), Bangalore
Appeal Type Income Tax Appeal
Pronouncement Date 23-03-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 23-03-2021
Date Of Final Hearing 23-03-2021
Next Hearing Date 23-03-2021
Last Hearing Date 02-07-2020
First Hearing Date 16-12-2019
Assessment Year 2013-2014
Appeal Filed On 23-10-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES B BANGALORE BEFORE SHRI CHANDRA POOJARI AM & SHRI GEORGE GEORGE K JM IT(TP)A NO.483/BANG/2016 : ASST.YEAR 2011-2012 IT(TP)A NO.485/BANG/2016 : ASST.YEAR 2011-2012 THE DY.COMMISSIONER OF INCOME - TAX CIRCLE 4(1)(1) BANGALORE. V. M/S.LSI INDIA RESEARCH & DEVELOPMENT PRIVATE LIMITED (FORMERLY KNOWN AS BROADCOM COMMUNICATION TECHNOLOGIES PVT.LTD.) S1 WIPRO ELECTRONIC CITY SPECIAL ECONOMIC ZONE DODDATHOGUR VILLAGE BEGUR HOBLI ELECTRONIC CITY BANGALORE 560 100 PAN : AACCB8136B. (APPELLANT) (RESPONDENT) IT(TP)A NO.514/BANG/2016 : ASST.YEAR 2011-2012 IT(TP)A NO.519/BANG/2016 : ASST.YEAR 2011-2012 IT(TP)A NO.1970/BANG/2017 : ASST.YEAR 2013-2014 IT(TP)A NO.2037/BANG/2017 : ASST.YEAR 2013-2014 M/S.LSI INDIA RESEARCH & DEVELOPMENT PRIVATE LIMITED (FORMERLY KNOWN AS BROADCOM COMMUNICATION TECHNOLOGIES PVT.LTD.) BANGALORE 560 100 V. THE DY.COMMISSIONER OF INCOME-TAX CIRCLE 4(1)(1) BANGALORE. (APPELLANT) (RESPONDENT) APPELLANT BY : SRI.R.DHIRAJ ADVOCATE RESPONDENT BY : SRI.MUZAFFAR HUSSAIN CIT-DR DATE OF HEARING : 23.03.2021 DATE OF PRONOUNCEMENT : 23.03.2021 O R D E R PER BENCH : THESE ARE CROSS APPEALS AGAINST TWO ORDERS OF THE ASSESSING OFFICER PASSED U/S 143(3) R.W.S 144C(13) OF THE I.T.ACT (ORDER DATED 18.01.2016 FOR A.Y. 2011-2012 & ORDER DATED 07.08.2017 FOR A.Y. 2013-2014). THE RELEVANT ASSESSMENT YEARS ARE 2011-2012 AND 2013-2014. 2. THE ASSESSEE DURING THE COURSE OF HEARING HAD SUBMITTED VIDE LETTER DATED 19 TH MARCH 2021 THAT IT HAS OPTED FOR SETTING IT(TP)A NO.483/BANG/2016 & ORS. M/S.LSI INDIA RESEARCH & DEVELOPMENT PVT.LTD.. 2 THE MATTER UNDER DIRECT TAXES VIVAD SE VISHWAS ACT 2020 AND PRAYED THE APPEALS MAY BE TREATED AS WITHDRAWN WITH THE LIBERTY TO THE ASSESSEE AND REVENUE TO RECALL THE SAME IF REQUIRED. 3. IN VIEW OF THE SUBMISSIONS OF THE LEARNED AR AND LEARNED DR WE DISMISS THESE APPEALS AS WITHDRAWN SINCE THE ASSESSEE WANTS TO SETTLE THE MATTER UNDER DIRECT TAXES VIVAD SE VISHWAS ACT 2020. THERE ARE TWO DEPARTMENTAL APPEALS ALSO WHICH ARE WITHDRAWN. IF THE ASSESSEE IS NOT PURSUING THE MATTER UNDER DIRECT TAXES VIVAD SE VISHWAS ACT 2020 IT SHALL INTIMATE THE DEPARTMENT SO THAT THE DEPARTMENT SHALL FILE NECESSARY APPLICATION FOR RECALLING THE PRESENT ORDER. 4. IN THE RESULT THE APPEALS FILED BY THE REVENUE AND ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON THIS 23 RD DAY OF MARCH 2021 . SD/- SD/- ( CHANDRA POOJARI ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE; DATED : 23 RD MARCH 2021. DEVADAS G* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE DRP-1 BANGALORE. 4. THE PR.CIT-2 BANGALORE. 5. THE DR ITAT BENGALURU. 6. GUARD FILE. ASST.REGISTRAR/ITAT BANGALORE