M/s Novozymes South Asia Private Limited, Bangalore V. DCIT, Bangalore

ITA 1323/BANG/2015

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7354 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 24-04-2019
• Assessment Year: 2009-2010
• Appeal Filed On: 04-11-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER IT (TP) A NO . 1323 / BANG/ 2015 ASSESSMENT YEAR : 2009 - 10 M/S. NOVOZYMES SOUTH ASIA PRIVATE LIMITED, PLOT NO.32, 47-52, SURVEY NO.154, EPIP INDUSTRIAL AREA, WHITEFIELD, BANGALORE 560 066. PAN: AAACN 7030Q VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 5(1)(1), BANGALORE. APPELLANT RESPONDENT IT (TP) A NO . 2 78 / BANG/ 201 4 ASSESSMENT YEAR : 2009 - 10 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 12(2), BANGALORE. VS. M/S. NOVOZYMES SOUTH ASIA PRIVATE LIMITED, BANGALORE 560 066. PAN: AAACN 7030Q APPELLANT RESPONDENT A SSESSEE B Y : SHRI S URYANARAYANA, ADVOCATE REVENUE BY : SHRI C .H. SUND AR RAO, CIT(DR - I), ITAT, BANGALORE. DATE OF HE ARING : 01.05.2019 DATE OF PRONOUNCEMENT : 01 .05.2019 IT(TP)A NOS.1323/BANG/2015 & 278/BANG/2014 PAGE 2 OF 3 ORDER PER BENCH THESE CROSS APPEALS ARE DIRECTED AGAINST THE ORDE R DATED 10.08.2015 PASSED BY LD. CIT(A)-5, BENGALURU AND TH EY RELATE TO THE ASSESSMENT YEAR 2009-10. 2. THE LD. A.R SUBMITTED THAT THE ASSESSEE HAS MOVE D TWO PETITIONS STATING THEREIN THAT THE ASSESSEE HAS INVOKED THE M UTUAL AGREEMENT PROCEDURE (MAP) BEFORE THE COMPETENT AUTHORITIES OF INDIA AND DENMARK. IT IS FURTHER STATED THAT A RESOLUTION HAS BEEN REA CHED BETWEEN THE COMPETENT AUTHORITIES OF BOTH THE COUNTRIES. ACCOR DINGLY, THE LD. A.R SUBMITTED THAT THE ASSESSEE SEEKS TO WITHDRAW ITS A PPEAL. THE LD. A.R ALSO MADE NECESSARY ENDORSEMENT IN THE GROUNDS OF A PPEAL FILED BY THE ASSESSEE. 3. THE LD. A.R FURTHER SUBMITTED THAT THE APPEAL FI LED BY THE REVENUE SHALL BECOME INFRUCTUOUS, AS THE ISSUES CONTESTED B Y THE REVENUE ARE ALSO COVERED BY THE MAP AND THEY HAVE BEEN DECIDED AGAIN ST THE ASSESSEE. 4. THE LD. D.R DID NOT OBJECT TO THE WITHDRAWAL OF APPEAL FILED BY THE ASSESSEE. HE FURTHER SUBMITTED THAT THE APPEAL FIL ED BY THE REVENUE SHOULD BE TREATED AS ALLOWED IN VIEW OF THE MAP AGREEMENT. 5. WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE RECORD. SINCE THE ASSESSEE SEEKS TO WITHDRAW ITS APPEAL AND SINCE THE LD. D.R DID NOT OBJECT TO THE SAME, WE ALLOW THE ASSESSEE TO WITHDRAW THE APPEAL. THOUGH THE LD. A.R HAS STATED THAT THE ISSUES CONTESTED BY THE REVENUE IN ITS APPEAL HAVE ALSO BEEN COVERED BY THE MAP AGREEMENT AND HEN CE THE APPEAL OF THE REVENUE SHALL BECOME INFRUCTUOUS., YET THE LD. CIT(DR) COULD NOT IT(TP)A NOS.1323/BANG/2015 & 278/BANG/2014 PAGE 3 OF 3 CONFIRM THE SAME AS HE DID NOT HAVE IN HIS IMMEDIAT E POSSESSION THE DETAILS OF MAP RESOLUTION. HENCE FOR THE LIMITED P URPOSE OF VERIFYING THE MAP RESOLUTION VIS-A-VIS THE ISSUES CONTESTED BY TH E REVENUE, WE RESTORE ALL THE ISSUES CONTESTED BY THE REVENUE TO THE FILE OF THE AO. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AND THE APPEAL OF THE REVENUE IS TREATED AS ALLOWED FOR STATISTICA L PURPOSES. PRONOUNCED IN THE OPEN COURT ON THIS 01 ST DAY OF MAY, 2019. SD/- SD/- (PAVAN KUMAR GADALE) ( B.R. BASKARAN ) JUDI CIAL M EMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 01 ST MAY, 2019. / D ESAI S MURTHY / COPY TO: 1. APP ELL ANT 2. RESPO NDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.