Ubisoft Entertainment India Private Limited, Pune V. Assistant Commissioner of Income tax,

ITA 186/PUN/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3674 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 27-01-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MILIND R CHAHURE
• Keywords: Transfer pricing; Rectification of order
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUN E BEFORE SHRI ANIL CHATURVEDI, AM AND SHRI PARTHA SARATHI CHAUDHURY, JM / ITA NO. 186/PUN/2017 / ASSESSMENT YEAR : 2012-13 UBISOFT ENTERTAINMENT INDIA PRIVATE LIMITED. LEVEL 6, BUILDING NO.B-3, KUMAR CEREBRUM, KALYANI NAGAR, PUNE-411 006 PAN : AAACU9861E .... / APPELLANT / V/S. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-12, PUNE. / RESPONDENT ASSESSEE BY : SHRI RAJENDRA AGIWAL REVENUE BY : SHRI MILIND R. CHAHURE / DATE OF HEARING : 19.02.2019 / DATE OF PRONOUNCEMENT : 20.02.2019 / ORDER PER PARTHA SARATHI CHAUDHURY, JM : THIS APPEAL PREFERRED BY THE ASSESSEE EMANATES FROM TH E DIRECTIONS ISSUED BY THE DISPUTE RESOLUTION PANEL (DRP)-III, MUMBAI A S PER GROUNDS OF APPEAL ON RECORD. 2. AT THE TIME OF HEARING, THE LD. AR OF THE ASSESSEE FILED A PETITION DATED 19.02.2019 WITHDRAWING THE APPEAL FILED BEFORE US. THE RELEVA NT PART OF THE SAID PETITION IS AS UNDER: WE REFER TO THE APPEAL FILED BEFORE THE HON'BLE INC OME TAX APPELLATE TRIBUNAL ('ITAT') PUNE, AGAINST THE FINAL ASSESSMEN T ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 12, PUNE UNDER 2 ITA NO. 186/PUN/2017 A.Y.2012-13 SECTION 143(3) READ WITH SECTION 144C(13) OF THE AC T FOR AY 2012-13. THE HEARING FOR THE ABOVE APPEAL IS SCHEDULED ON 19 FEB RUARY 2019 BEFORE THE 'B' BENCH OF THE HON'BLE ITAT. IN THIS REGARD, THE APPELLANT WISHES TO SUBMIT THAT THE LEARNED TPO HAS PASSED A RECTIFICATION ORDER DATED 13 FEBRUARY 2019 PURSUANT TO THE RECTIFICATION APPLICATION FILED BY THE APPELLANT ON 21 JANUARY 2019 FOR RECTIFYING THE MISTAKES APPARENT FROM RECORD FROM T HE ORDER DATED 1 FEBRUARY 2017 (INADVERTENTLY DATED AS 1 FEBRUARY 20 16). COPY OF THE SAID RECTIFICATION APPLICATION WAS SUBMITTED BEFORE THE HON'BLE MEMBERS DURING THE COURSE OF HEARING ON 22 JANUARY 2019. AS PER THE RECTIFICATION ORDER, THE LEARNED TPO HAS DELETED THE ENTIRE ADJUSTMENT AMOUNTING TO INR 97,62,558 ( COPY OF THE RECTIFICATION ORDER DATED 13 FEBRUARY 2019 IS ENCLOSED AS ATTACHMENT 1) . ACCORDINGLY, THE APPEAL BEFORE YOUR HONOURS IS ACADEMIC AND HAS BECO ME INFRUCTUOUS. IN VIEW OF ABOVE, WE HUMBLY REQUEST YOUR HONOURS TO DISPOSE OFF THE APPEAL. 3. ON THE OTHER HAND, THE LD. DR HAS NOT OPPOSED REGA RDING WITHDRAWING OF APPEAL OF THE ASSESSEE. 4. WE HAVE PERUSED THE CASE RECORDS AND HAVE GONE TH ROUGH THE WITHDRAWAL PETITION FILED BY THE ASSESSEE BEFORE US. THERE IS RECTIFICATION ORDER DATED 13.02.2019 PASSED BY THE DEPUTY COMMISSIONER OF IN COME TAX, TRANSFER PRICING 2(2), PUNE U/S.154 OF THE INCOME TAX A CT, 1961 WHEREBY THE TRANSFER PRICING OFFICER DELETED THE ENTIRE ADJUSTMENT AND THEREFORE, THE APPEAL FILED BEFORE US HAS BECOME ACADEMIC AND INFRUCTUOUS. IN VIEW OF THE MATTER, WE ALLOW THE ASSESSEE TO WITHDRAW THE APPEAL. HENCE, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN . ORDER PRONOUNCED ON 20 TH DAY OF FEBRUARY, 2019. SD/- SD/- ANIL CHATURVEDI PA RTHA SARATHI CHAUDHURY ACCOUNTANT MEMBER JUDICIAL MEMBER / PUNE; / DATED : 20 TH FEBRUARY, 2019. SB 3 ITA NO. 186/PUN/2017 A.Y.2012-13 !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEALS)-13, PUNE. 4. THE PR. CIT-5, PUNE. 5. '#$ %%&' , ( &' , )*+ , / DR, ITAT, B BENCH, PUNE. 6. $,- ./ / GUARD FILE. // TRUE COPY // (0 / BY ORDER, %1 &+ / PRIVATE SECRETARY ( &' , / ITAT, PUNE. 4 ITA NO. 186/PUN/2017 A.Y.2012-13 DATE 1 DRAFT DICTATED ON 19 .0 2 .2019 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 19 .0 2 .201 9 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 DATE OF UPLOADING OF ORDER SR.PS/PS 8 FILE SENT TO BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER