NCR Corporation India Private Limited, Bangalore V. The Deputy Commissioner of Income Tax, Circle - 12(2), Bangalore

ITA 1491/BANG/2012

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6846 (ITAT-BANGALORE)
• Duration Of Justice: 8 year(s) 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 01-11-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 15-11-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: K R VASUDEVAN
• Keywords: Transfer pricing

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES A, BANGALORE BEFORE SHRI GEORGE GEORGE K, JM & SHRI B.R.BASKARAN, AM IT(TP)A NO.1041/BANG/2012: ASST.YEAR 2004-2005 IT(TP)A NO.1042/BANG/2012: ASST.YEAR 2005-2006 IT(TP)A NO.1526/BANG/2010: ASST.YEAR 2006-2007 IT(TP)A NO.1321/BANG/2011: ASST.YEAR 2007-2008 IT(TP)A NO.1491/BANG/2012: ASST.YEAR 2008-2009 IT(TP)A NO.258/BANG/2014: ASST.YEAR 2009-2010 IT(TP)A NO.575/BANG/2015: ASST.YEAR 2010-2011 IT(TP)A NO.305/BANG/2016: ASST.YEAR 2011-2012 IT(TP)A NO.181/BANG/2017: ASST.YEAR 2012-2013 M/S. NCR CORPORATION (INDIA) PRIVATE LIMITED NITON BUILDING, 3 RD FLOOR 11 PALACE ROAD BANGALORE 560 052. PAN : AAACN7149L. V. THE ASST.COMMISSIONER OF INCOME-TAX, RANGE 12(2)/ CIRCLE 5(1)(1)), BANGALORE. (APPELLANT) (RESPONDENT) APPELLANT BY : SRI.K.R.VASUDEVAN, ADVOCATE RESPONDENT BY : MS.NEERA MALHOTRA, CIT-DR DATE OF HEARING : 28.01.2021 DATE OF PRONOUNCEMENT : 28.01.2021 O R D E R PER GEORGE GEORGE K, JM : THESE APPEALS AT THE INSTANCE OF THE ASSESSEE ARE DIRECTED AGAINST VARIOUS ORDERS / DIRECTIONS OF THE CIT(A) /DRP. THE RELEVANT ASSESSMENT YEARS ARE 2004-2005 TO 2012-2013. 2. AT THE TIME OF HEARING BEFORE US, THE LEARNED COUNSEL FOR THE ASSESSEE HAS FURNISHED A LETTER DATED 27 TH JANUARY, 2021, WHEREIN IT IS STATED THAT THE ASSESSEE HAS OPTED FOR FILING THE APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, FOR SETTLEMENT OF THE DISPUTE, AND ACCORDINGLY, PRAYED THAT THE ITA NO.1041/BANG/2012 & ORS. M/S.NCR CORPORATION (INDIA) PVT.LTD. 2 APPEALS MAY BE TREATED AS WITHDRAWN, WITH LIBERTY TO APPLY FOR A RECALL, IF FORM 1 & 2 FILED BY THE ASSESSEE ARE NOT ACCEPTED BY THE DEPARTMENT FOR ANY REASON. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. IN VIEW OF THE SUBMISSION OF THE LEARNED COUNSEL FOR THE ASSESSEE IN HIS LETTER DATED 27 TH JANUARY, 2021, WE DISMISSED THE APPEALS AS WITHDRAWN. THE ASSESSEE IS GIVEN LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALLING THE PRESENT ORDER IN ACCORDANCE WITH LAW, IF THE ASSESSEE INTENDS TO DO SO. 4. IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED, AS WITHDRAWN. ORDER PRONOUNCED ON THIS 28 TH DAY OF JANUARY, 2021 . SD/- SD/- ( B.R.BASKARAN ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE; DATED : 28 TH JANUARY, 2021. DEVADAS G* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(A)-IV/ DRP-2, BANGALORE 4. THE CIT (TRANSFER PRICING), BANGALORE. 5. THE DR, ITAT, BENGALURU. 6. GUARD FILE. ASST.REGISTRAR/ITAT, BANGALORE