M/s. ANZ Support Services India Private Limited, Bangalore V. Deputy Commissioner of Income Tax, Bangalore

ITA 1831/BANG/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5320 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 3 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 30-08-2017
• Assessment Year: 2012-2013
• Appeal Filed On: 26-10-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: C H SUNDAR RAO
• Keywords: Transfer pricing; International transaction
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER IT (TP) A NO . 1831 /BANG/201 6 ASSESSMENT YEAR : 20 1 2 - 1 3 M/S. ANZ SUPPORT SERVICES INDIA PRIVATE LIMITED, EUCALYPTUS, MANYATA EMBASSY BUSINESS PARK SEZ, OUTER RING ROAD, NAGAVARA & RACHENAHALLI VILLAGE, K.R. PURAM HOBLI, BANGALORE 560 045. PAN: AAGCA5549M VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1 (1) (2), BANGALORE. APPELLANT RESPONDENT APPELLANT BY : SHRI CHAVALI NARAYAN, CA RESPONDENT BY : SHRI C.H. SUNDAR RAO, CIT (DR) DATE OF HEARING : 28 .01.2019 DATE OF PRONOUNCEMENT : 28 . 01 .201 9 O R D E R PER SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER THIS APPEAL BY ASSESSEE IS DIRECTED AGAINST THE FIN AL ASSESSMENT ORDER PASSED BY THE AO DATED 29.08.2016 U/S. 143(3) R.W.S . 144C(13) OF THE IT ACT, 1961 IN CONSEQUENCE TO THE DIRECTIONS OF THE DRP U/ S. 144C(5) OF IT ACT DATED 29.06.2016. 2. AT THE TIME OF HEARING, AR SUBMITTED THAT ASSESSEE HAS ENTERED INTO A BILATERAL ADVANCED PRICING AGREEMENT (BAPA) WITH THE CENTRAL BOARD OF DIRECT TAXES (CBDT) ON 31.08.2018. THE AGREEMENT IS APP LICABLE TO CONSECUTIVE FIVE YEARS COMMENCING FROM PREVIOUS YEAR 2015-16 TO PREV IOUS YEAR 2019-20 (RELEVANT TO ASSESSMENT YEARS 2016-17 TO 2020-21). FURTHER THE AGREEMENT IS IT(TP)A NO. 1831/BANG/2016 PAGE 2 OF 2 ALSO APPLICABLE TO CONSECUTIVE FOUR ROLLBACK YEARS COMMENCING FROM PREVIOUS YEAR 2011-12 TO PREVIOUS YEAR 2014-15 (RELEVANT TO ASSESSMENT YEARS 2012-13 TO 2015-16) FOR INTERNATIONAL TRANSACTIONS ENTERED WITH THE ASSOCIATED ENTERPRISES (AES). SINCE THE ISSUES INVOLVED IN THIS APPEAL ARE COVERED UNDER THE BAPA, THE ASSESSEE SOUGHT PERMISSION TO WITHDRAW THIS APP EAL. CONSIDERING THE REQUEST OF LD. AR, WE ARE INCLINED TO DISMISS THE A PPEAL OF THE ASSESSEE AS NOT PRESSED. HENCE THE APPEAL OF THE ASSESSEE IS DISMI SSED AS WITHDRAWN. 3. IN THE RESULT, THE APPEAL FILED BY THE A SSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- SD/- (PAVAN KUMAR GADALE) (CHANDRA POOJARI) JUDICIAL MEMBER ACCOUNTA NT MEMBER BANGALORE, DATED, THE 28 TH JANUARY, 2019. /MS/ COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGAL ORE.