Broadridge Financial Solutions (India) Private Limited, Hyderabad, Hyderabad V. DCIT, Circle -1(2), Hyderabad, Hyderabad

ITA 228/HYD/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 6403 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 02-08-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 09-03-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B V GOPINATH
• Assessee Lawyers: KRANTHI PALIVELA
• Keywords: Transfer pricing

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA.NO.228/HYD/2015 ASSESSMENT YEAR 2010-2011 BROADRIDGE FINANCIAL SOLUTIONS (INDIA) P. LTD., HYDERABAD 500 081. PAN AADCB0321R VS. THE DCIT, CIRCLE-1(2), HYDERABAD. (APPELLANT) (RESPONDENT) FOR ASSESSEE : MR. KRANTHI PALIVELA FOR REVENUE : MR. B.V. GOPINATH DATE OF HEARING : 02.08.2016 DATE OF PRONOUNCEMENT : 02.08.2016 ORDER PER D. MANMOHAN, V.P. THIS APPEAL IS FILED AT THE INSTANCE OF THE ASSESSEE- COMPANY AND IT PERTAINS TO THE A.Y. 2010-2011. VIDE LE TTER DATED 27 TH JUNE, 2016, THE ASSESSEE-COMPANY SUBMITS THAT IT HAD F ILED AN APPLICATION FOR ADVANCE PRICING AGREEMENT (APA) ON 30 TH MARCH, 2013 WITH THE DIRECTOR GENERAL OF INCOME TAX, NEW DELHI FOR DETERMINATION OF ARMS LENGTH PRICE (ALP) FOR THE PROPOSED COVERED TRANSACTIONS COVERING THE F.YS. 2013-2014 TO 20 17-2018 AND THEREAFTER, IT HAD ALSO FILED AN APPLICATION TO I NCLUDE ROLL BACK YEARS COVERING F.YS. 2009-2010 TO 2012-2013. THIS AP PLICATION WAS CONCLUDED BETWEEN THE ASSESSEE AND A.P. AUTHORITI ES ON 31 ST MARCH, 2016 AND THEREFORE, ASSESSEE IS OBLIGATED TO FI LE THE MODIFIED RETURN OF INCOME UNDER SECTION 92CD OF THE I.T. ACT FOR 2 ITA.NO.228/HYD/2015 BROADRIDGE FINANCIAL SOLUTIONS (INDIA) P. LTD., HYDERABAD. THE ABOVEMENTIONED ASSESSMENT YEARS WHICH INCLUDES THE YEAR UNDER APPEAL. AS A FURTHER CONSEQUENCE, THE ASSESSEE NEEDS TO WITHDRAW THE APPEAL PENDING BEFORE THE APPELLATE TRI BUNAL. UNDER THESE CIRCUMSTANCES, THE ASSESSEE SEEKS PERMISSI ON OF THE TRIBUNAL TO PERMIT THEM TO WITHDRAW THE APPEAL FOR THE A.Y . 2010-2011. 2. THE LEARNED CIT/DR HAS NO OBJECTION IN THIS REGA RD. 3. UNDER THESE CIRCUMSTANCES, IN TERMS OF RULE 10RA O F THE I.T. RULES, WE PERMIT THE ASSESSEE TO WITHDRAW ITS AP PEAL. 4. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DIS MISSED AS WITHDRAWN AS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (B. RAMAKOTAIAH) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT HYDERABAD DATED 02 ND AUGUST, 2016 VBP/- COPY TO 1. BROADRIDGE FINANCIAL SOLUTIONS (INDIA) PRIVATE LIM ITED, SURVEY NO.64, HI-TECH CITY, SERILINGAMPALLY, RANGA REDDY DISTRICT, HYDERABAD 500 081. 2. THE DCIT, CIRCLE-1(2), AAYAKAR BHAVAN, HYDERABAD . 3. DISPUTES RESOLUTION PANEL, 2 ND FLOOR, I.T. TOWERS, A.C. GUARDS, HYDERABAD 500 004. 4. DIRECTOR OF INCOME TAX, INTERNATIONAL TAXATION, INCO ME TAX TOWERS, 10-2-3, A.C. GUARDS, HYDERABAD 500 004. 5. ADDL. COMMISSIONER OF INCOME TAX, TRANSFER PRICI NG, HYDERABAD 500 004. 6. COMMISSIONER OF INCOME TAX-1, HYDERABAD. 7. D.R. ITAT B BENCH, HYDERABAD. 8. GUARD FILE