NXP Semiconductors India Private Limited, Bangalore V. DCIT, Bangalore

ITA 246/BANG/2015

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8178 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 10 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-01-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 27-02-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MUZAFFAR HUSSAIN
• Assessee Lawyers: VANAJA
• Keywords: Transfer pricing; International transaction; Competent authority; TDS
• Section: 143(3); 144C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH ES : B , BANGALORE BEFORE SHRI N.V.VASUDEVAN, VICE PRESIDENT AND S HRI A.K.GARODIA, A CCOUNTANT MEMBER IT (TP) A NO. 2 46 (BANG)/ 20 1 5 ( ASSESSMENT YEAR : 20 1 0 - 11 ) M/S NXP INDIA PVT.LTD., (SUCCESSOR OF NXP SEMICONDUCTORS INDIA PVT.LTD.,) INFORMATION TECHNOLOGY PARK, NAGAWARA VILLAGE, BANGALORE - 560 0 45 PAN NO. AAACZ1978P APPELLANT VS THE DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE - 5 (1) (2), II FLOOR, BMTC BUILDING, KORAMANGALA, BANGALORE - 560 095 RESPONDENT APPELLANT BY : S MT. M.R.VANAJA, ADVOCATE RE VENUE BY : SHRI MUZAFFAR H U SSAIN, C IT - DR DATE OF HEARING : 1 6 - 01 - 2020 DATE OF PRONOUNCEMENT : 22 - 01 - 2020 O R D E R PER SHRI N.V.VASUDEVAN, VICE PRESIDENT : THIS IS AN A PPEAL BY T HE AS S ESSEE AG AINST THE FINAL ORDER OF ASSESSMENT D A TED 30 - 01 - 2015 PASSED BY THE DCIT, CIRCLE - 5(1)(2), BENGALURU U/S 143(3) READ WITH SECTION 144C OF THE IT ACT, 1961 (THE ACT) RELATING TO ASSESSMENT YEAR 2010 - 11. 2. IN THIS APPEAL, THE ISSUES RAISED BY THE ASSESSEE IN THE GROUNDS OF APPEAL RELATE TO DETERMINATION OF ARMS LENGTH PRICE (ALP) IN RESPECT OF IT(TP)A NO.246(B)/2015 2 AN INTERNA TIONAL TRANSACTION BETWEEN THE ASSESSEE AND ITS ASSOCIATED ENTERPRISES (AE) . THE DETERMINATION OF ALP WAS MADE IN ACCORDANCE WITH SEC.92 OF THE ACT, WHICH LAYS DOWN THAT ANY INCOME ARISING FROM INTERNATIONAL TRANSACTION HAS TO BE DETERMINED HAVING REGARD TO ALP . 3. AT THE TIME OF HEARING, LD.COUNSEL FOR THE ASSESSEE SUBMITTED A LETTER FROM THE ASSESSEE DATED 22 - 06 - 2018 IN WHICH THE ASSESSEE HAS INFORMED THIS TRIBUNAL THAT THE ISSUES WITH REGARD TO TRANSFER PRICING ADJUSTMENT AND DETERMINATION OF ALP HAS BEEN SETTLED UNDER THE M UTUAL A GREEMENT P ROCEDURE (MAP) AS PER THE DOUBLE TAXATION AVOIDANCE AGREEMENT (DTAA) BETWEEN INDIA AND NETHERLANDS IN WHICH THE NETHERLANDS COMPETEN T AUTHORITY A ND INDIAN COMPETENT AUTHORITY , HAVE RESOLVED AND SETTLED THE ISSUE. T HE ASSESSEE HAS THEREFORE PRAYED THAT THE APPEAL MAY BE TREATED AS WITHDRAWN. 4. WE HAVE CONSIDERED THE RE Q UEST MADE ON BEHALF OF THE ASSESSEE AND WE ARE OF T H E VIEW , THA T IN VIEW OF THE SETTLEMENT UNDER THE M UTUAL AGREEMENT PROCEDURE(MAP) AND ALSO THE REQUEST FROM THE ASSESSEE FOR WITHDRAWAL OF THE APPEAL , WE DISMISS THE APPEAL AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSE S S E E IS DISMISSE D AS WITHDRAWN. O RDER PRONOUNCED IN THE OPEN COURT ON 22 ND JANUARY, 2020. SD/ - SD/ - ( A.K.GARODIA ) ( N.V.VASUDEVAN ) ACCOUNTANT MEMBER VIC E PRESIDENT PLACE: BANGALORE DATED: 22 - 01 - 2020 *AM IT(TP)A NO.246(B)/2015 3 COPY OF THE ORDER FORWARDED TO: 1.APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT(A); 5. DR 6. ITO (TDS) 7.GUARD FILE BY ORDER ASST. REGISTRAR , INCOME TAX APPELLATE TRIBUNAL, BANGALORE.