Joint Commissioner Of Income Tax, Special Range-3, Bangalore V. M/s. Informatica Business Solutions Private Limited, Bangalore

ITA 2024/BANG/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9941 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 18-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJEET SINGH ADD
• Assessee Lawyers: MANASA ADVOATE
• Section: 90

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI B.R BASKARAN , ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A NO.2024/BANG/2019 ASSESSMENT YEAR : 2010-11 THE JT. COMMISSIONER OF INCOME-TAX, RANGE-3, BENGALURU. VS. M/S INFORMATICA BUSINESS SOLUTIONS PVT. LTD., NO.66/1, BAGMANE TECH PARK, C.V RAMAN NAGAR, BENGALURU-560 093. APPELLANT RESPONDENT APPELLANT BY : SHRI MANJEET SINGH, ADD. CIT (DR) RESPONDENT BY : MS. MANASA, ADVOATE DATE OF HEARING : 1.1.2020 DATE OF PRONOUNCEMENT : 3.1.2020 O R D E R PER B.R BASKARAN, ACCOUNTANT MEMBER : THE REVENUE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 27-6-2019 PASSED BY LD CIT(A)-6, BENGALURU AND IT R ELATES TO ASST. YEAR 2010-11. 2. THE REVENUE IS AGGRIEVED BY THE DECISION OF LD C IT(A) IN GRANTING RELIEF TO THE ASSESSEE IN RESPECT OF TRANS FER PRICING ADJUSTMENTS MADE BY THE AO. 3. AT THE TIME OF HEARING, THE LD AR SUBMITTED THAT THE ASSESSEE HAD APPLIED FOR MUTUAL AGREEMENT PROCEDURE (MAP) PR OCEEDING FOR THE YEAR UNDER CONSIDERATION AND THE SAME HAS SINCE BEEN SETTLED IT(TP)A NO.2024 /BANG/2019 PAGE 2 OF 4 BY PASSING RESOLUTION ORDER, DATED 24-07-2019, PASS ED U/S 90 OF THE INCOME TAX ACT R.W ARTICLE 27 OF INDIA-US DOUBL E TAXATION AVOIDANCE CONVENTION. THE LD AR FURTHER SUBMITTED THAT THE AO HAS ALREADY GIVEN EFFECT TO THE MAP PROCEEDINGS, VIDE I TS ORDER DATED 14/11/2019. ACCORDINGLY THE LD AR SUBMITTED THAT T HE ORIGINAL ASSESSMENT ORDER AND APPELLATE ORDER WILL NOT SURVI VE IN VIEW OF THE MAP RESOLUTION ORDER AND HENCE THE APPEAL FILED BY THE REVENUE SHALL BECOME INFRUCTUOUS. THE LD AR ALSO FURNISHED COPY OF ASST. ORDER DATED 14/11/2019 PASSED BY THE AO GIVING EFFE CT TO THE MAP RESOLUTION PROCEEDINGS. 4. WE HEARD THE LD DR AND PERUSED THE RECORD. HAVI NG REGARD TO THE SUBMISSIONS MADE BY THE LD AR, THE IMPUGNED APP EAL FILED BY THE REVENUE SHALL BECOME INFRUCTUOUS. ACCORDINGLY WE DISMISS THE APPEAL OF THE ASSESSEE AS INFRUCTUOUS. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD JANUARY, 2019. SD/ - (BEENA PILLAI) JUDICIAL MEMBER SD/ - (B.R BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED, 3 RD JANUARY, 2019. / VMS / IT(TP)A NO.2024 /BANG/2019 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 NO.2024 /BANG/2019 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 .. 8. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 9. DICTATION NOTE ENCLOSED 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 . 13. DATE OF DESPATCH OF ORDER. .. 14. DICTATION NOTE ENCLOSED