ITO, M/S Agili Software Enterprises PVT LTD,

 IN THE INCOME TAX APPELLATE TRIBUNAL
BANGALORE BENCHES “ B ” BENCH: BANGALORE

BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER
AND
SHRI GEORGE GEORGE K, JUDICIAL MEMBER

IT(TP)A No.845/Bang/2013
(Assessment Year: 2005-06)

Income Tax Officer,
Ward 1(1)(1), Bangalore. ….Appellant.

 Vs.

M/s.Oracle India Private Limited,
Level 2,4,5,6,7 & 8, Sy. No.12/1 & 12/2,
N.S. Palya, Bannerghatta Road,
Bangalore-560 076 ….Respondent.
PAN AACCP 4972D

C.O. No.12/Bang/2017
(In IT(TP)A No.845/Bang/2013)
(Assessment Year: 2005-06)
(By Assessee)

Assessee By: Shri Pratik Shah,C.A.
Revenue By: Shri Priyadarshi Mishra, Addl.CIT (D.R)

Date of Hearing : 18.02.2021.
Date of Pronouncement : 18.02.2021.

O R D E R

PER SHRI CHANDRA POOJARI, AM :

This appeal at the instance of Revenue and Cross Objection preferred by the assessee are directed against the order of Commissioner of Income Tax (Appeals)-V, Bangalore Dt.1.3.2013. The relevant Assessment Year is 2005-06.

2. At the time of hearing, we notice that the assessee has filed a letter, wherein it stated that an application under the Vivad Se Vishwas Act, 2020 for theassessment year under consideration is submitted and Form III is yet to be issued by the Department. The learned Departmental Representative was duly heard.

3. In view of the letter of assessee wherein it is stated that it is intended to settle the issue under Vivad Se Vishwas Act, 2020. We dismiss this appeal as withdrawn. If the assessee does not pursue its application under Vivad Se Vishwas Act, 2020, it shall be the responsibility of the assessee to intimate the Department of the same and Department if it so desires shall file necessary application to recall the present order in accordance with law.

4. The C.O. is filed by the assessee only supporting the order of the CIT(Appeals) and since the appeal filed by Revenue is sought to settle underapplication under Vivad Se Vishwas Act, 2020 by the assessee, the C.O. is dismissed as infructuous.

5. In the result, the appeal of the Revenue as well as C.O. of the Assessee are dismissed as withdrawn.

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

Sd/-                                                                      Sd/-
 (GEORGE GEORGE K)                                    (CHANDRA POOJARI)
 JUDICIAL MEMBER                                          ACCOUNTANT MEMBER

Dated: 18.02.2021.
*Reddy GP

Copy to
1. The appellant
2. The Respondent
3. CIT (A)
4. Pr. CIT
5. DR, ITAT, Bangalore.
6. Guard File

 By order

 Assistant Registrar
 Income-tax Appellate Tribunal
 Bangalore