RED BULL INDIA P.LTD, MUMBAI V. ASST CIT 8(1)(1), MUMBAI

ITA 1315/MUM/2015

AI Insights

M/s. Red Bull India Pvt. Ltd. was involved in multiple appeals concerning the assessment years 2010-11 to 2013-14, related to international transactions and the incurrence of Advertisement Marketing and Promotion (AMP) expenses. The company notified the Income Tax Appellate Tribunal that it had entered into a Unilateral APA with the Central Board of Direct Taxes on March 10, 2023, which addressed the issues raised in these appeals. Consequently, the tribunal dismissed the appeals as they had become infructuous due to the APA covering the disputed periods and transactions.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 301263 (ITAT-MUMBAI)
• Duration Of Justice: 8 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-06-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 26-06-2023
• Assessment Year: 2010-2011
• Appeal Filed On: 04-03-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “J”, MUMBAI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND MS. PADMAVATHY S, ACCOUNTANT MEMBER IT(TP)A No.1315/M/2015 Assessment Years: 2010-11 IT(TP)A No.1355/M/2016 Assessment Years: 2011-12 & IT(TP)A No.2301/M/2017 Assessment Years: 2012-13 M/s. Red Bull India Pvt. Ltd., 215, 1 st Floor, B Wing, Atrium, Kanakia Spaces, Chakala, Andheri-Kurla Road, Andheri (E), Mumbai – 400 059 PAN: AADCR5842H Vs. Asst. Commissioner of Income Tax, Circular 8(1)(1), Room No.624, 6 th Floor, Aayakar Bhavan, M.K. Road, Churchgate, Mumbai - 400020 (Appellant) (Respondent) IT(TP)A No.7300/M/2017 Assessment Years: 2013-14 M/s. Red Bull India Pvt. Ltd., 215, 1 st Floor, B Wing, Atrium, Kanakia Spaces, Chakala, Andheri-Kurla Road, Andheri (E), Mumbai – 400 059 PAN: AADCR5842H Vs. Deputy Commissioner of Income Tax, Circular 8(1)(1), Room No.670, 6 th Floor, Aayakar Bhavan, M.K. Road, Churchgate, Mumbai - 400020 (Appellant) (Respondent) Present for: Assessee by : Withdrawal letter dated 03.05.2023 Revenue by : Shri Samuel Pitta, Sr. A.R. IT(TP)A No.1315/M/2015 & ors. M/s. Red Bull India Pvt. Ltd. 2 Date of Hearing : 27 . 06 . 2023 Date of Pronouncement : 27 . 06 . 2023 O R D E R Per Bench: Heard : The appellant-assessee vide letter dated May 03, 2023 intimated the Bench that the appellant-assessee has already entered into a Unilateral APA with the Central Board of Direct Taxes on 10.03.2023 detailed as under: Particulars Period covered International Transactions covered APA Consecutive five years commencing from AY 2014-15 to AY 2018-19 ('APA period') - Import of finished goods from AE including incurring of Advertisement Marketing and Promotion ('AMP') expenses relating to the distribution segment APA Rollback AY 2010-11 through AY 2013-14 ("APA Rollback period") 2. So in view of the request made by the appellant-assessee aforesaid appeals stood dismissed as withdrawn having been become infructuous. Order pronounced in the open court on 27.06.2023. Sd/- Sd/- (MS. PADMAVATHY S) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated: 27.06.2023. * Kishore, Sr. P.S. IT(TP)A No.1315/M/2015 & ors. M/s. Red Bull India Pvt. Ltd. 3 Copy to: The Appellant The Respondent The CIT, Concerned, Mumbai The DR Concerned Bench //True Copy// By Order Dy/Asstt. Registrar, ITAT, Mumbai.