M/s.R1 International (India) Private Limited, V. Deputy Commissioner of Income-Tax, Bangalore

ITA 1825/BANG/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9472 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-09-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 26-10-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VINOD SHARMA
• Keywords: Transfer pricing; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI B.R BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A NO.1825/BANG/2016 ASSESSMENT YEAR : 2011-12 M/S R1 INTERNATIONAL (INDIA) PVT. LTD. 4 TH FLOOR, KANNAKARI ESTATE, SHANMUGHAM ROAD, MARINE DRIVE, KOCHI, KERALA-682 301. VS. THE DY. COMMISSIONER OF INCOME-TAX, CIRCLE-5(1)(1), BENGALURU. APPELLANT RESPONDENT IT(TP)A NO.2316/BANG/2016 ASSESSMENT YEAR : 2011-12 THE DY. COMMISSIONER OF INCOME-TAX, CIRCLE-5(1)(1), BENGALURU VS. M/S R1 INTERNATIONAL (INDIA) PVT. LTD. 4 TH FLOOR, KANNAKARI ESTATE, SHANMUGHAM ROAD, MARINE DRIVE, KOCHI, KERALA-682 301. APPELLANT RESPONDENT ASSESSEE BY : SHRI TATA KRISHNA, ADVOCATE REVENUE BY : SHRI VINOD SHARMA, JCIT (DR) DATE OF HEARING : 18.09.2019 DATE OF PRONOUNCEMENT : 18.09.2019 O R D E R PER BENCH:- THESE CROSS APPEALS ARE DIRECTED AGAINST THE ORDER DATED 26/8/2016 PASSED BY LD CIT(A)-5 BENGALURU AND THEY RELATE TO THE ASST. YEAR 2011-12. IT(TP)A NOS.1825 & 2316/BANG/2016 PAGE 2 OF 4 2. THE TRANSFER PRICING ADJUSTMENT OF RS.99.92 LAKH S MADE BY THE TPO, HAVING BEEN PARTIALLY DELETED BY THE LD CI T(A), BOTH THE PARTIES ARE IN APPEAL BEFORE US. 3. AT THE TIME OF HEARING, THE LD DR SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE APPEAL FILED BY THE REVENUE IS LESS THAN 50 LAKHS. ACCORDINGLY HE SUBMITTED THAT THE REVENUE IS WITHDR AWING THE APPEAL IN VIEW OF CIRCULAR NO. CIRCULAR NO.17/2019 DATED 8/8/2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, WHICH HAS BEEN CLARIFIED BY CBDT AS APPLICABLE TO ALL PENDING APPEALS, VIDE ITS INSTRUCTION DATED 20/8/2019. 4. SINCE, REVENUES APPEAL HAS BEEN WITHDRAWN ON AC COUNT OF TAX EFFECT, THE LD AR SUBMITTED THE ASSESSEE IS ALS O NOT PRESSING THE APPEAL FILED BY IT. 5. IN VIEW OF THE ABOVE BOTH THE APPEALS ARE DISMIS SED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH SEPTEMBER, 2019. SD/ - (BEENA PILLAI) JUDICIAL MEMBER SD/ - (B.R BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED, 18TH SEPTEMBER, 2019. / VMS / IT(TP)A NOS.1825 & 2316/BANG/2016 PAGE 3 OF 4 COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE. IT(TP)A NOS.1825 & 2316/BANG/2016 PAGE 4 OF 4 1. DATE OF DICTATION 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO SR.P.S .. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER .. 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S. .. 6. DATE OF UPLOADING THE ORDER ON WEBSITE.. 7. IF NOT UPLOADED, FURNISH THE REASON FOR DOING SO .. DICTATION NOTE ENCLOSED . 8. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 9. DATE ON WHICH ORDER GOES FOR XEROX & ENDORSEMENT 10. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 11. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER . 12. THE DATE ON WHICH THE FILE GOES TO DISPATCH SEC TION FOR DISPATCH OF THE TRIBUNAL ORDER .