Nutanix Technologies India Private Limited, Bengaluru V. Deputy Commissioner Of Income Tax, Circle-3(1)(1), Bangalore

ITA 286/BANG/2021

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Nutanix Technologies India Pvt. Ltd. filed an appeal against the final assessment order for the assessment year 2016-17, issued by the National e-Assessment Center, New Delhi. The appeal was primarily concerned with transfer pricing issues. However, the company had recently entered into an APA with the CBDT, which included the assessment year 2016-17 as part of the rollback years. Consequently, the company requested to withdraw the appeal, which was not objected to by the Departmental Representative. The tribunal, considering the APA and the rollback provision, allowed the withdrawal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 124467 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 09-08-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 24-06-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Transfer pricing

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A No.286/Bang/2021 Assessment year : 2016-17 Nutanix Technologies India Pvt. Ltd., 9 th Floor, Mercury Block, Prestige Technology Park, Sarjapura, Marathahalli, Sarjapur Outer Ring Road, Kadabeesanahalli, Bengaluru-560 103. PAN – AAECN 3355 L Vs. 1. The Dy. Commissioner of Income Tax, Central Circle-3(1)(1), Bengaluru. 2. National e-Assessment Centre, Delhi. APPELLANT RESPONDENT Assessee by : Smt. Manasa Ananthan, Advocate Revenue by : Shri Sathyasai Rath, CIT (DR) Date of hearing : 10.08.2023 Date of Pronouncement : 10.08.2023 O R D E R Per Beena Pillai, Judicial Member The present appeal has been filed by the assessee against the final assessment order dated 28/04/2021 passed by the National e-Assessment Center, New Delhi for assessment year 2016-17. IT(TP)A No.286/Bang/2021 Page 2 of 5 2. At the outset, the ld.AR submitted that the assessee had entered into APA with the CBDT for financial year 2013-14 to 2020-21 on 31/03/2023. The copy of which has been filed and placed on record. 3. As per the APA, the covered transactions are: Provision of SWD, Provision of ITeS, Provision of SSS with the associated enterprise viz. Netanix Inc., Nutanix Netherlands B.V and Nutanix Singapore Pte Ltd. 4. The Ld.AR submitted that as per clause (2) of the APA, it shall apply to 5 consecutive assessment years commencing from previous year 2016-17 to previous year 2020-21 (relevant assessment year being 2017-18 to 2021). 5. It is also submitted that in the APA, it is agreed between the parties that it shall apply to 3 consecutive role back years commencing from previous year 2013-14 to previous year 2015-16 [relevant to assessment years 2014-15 to 2016-17]. 5. The ld.AR submitted that all the grounds as per the concise ground of appeal filed by the assessee relates to the transfer pricing issues only and that pursuant to the signing of APA and the present year under consideration being included in the role back years yet, the assessee is requesting for withdrawal of the appeal vide its letter dated 27/06/2023. For the sake of convenience, the same is reproduced hereunder:- IT(TP)A No.286/Bang/2021 Page 3 of 5 IT(TP)A No.286/Bang/2021 Page 4 of 5 6. The Ld.DR did not object for the appeal being withdrawn by the assessee. 7. Considering the submission by both sides and the fact that present year is covered under the roll back period under APA, we allow the appeal of the assessee to withdraw. Accordingly, the grounds raised by the assessee for the year under consideration stands dismissed as withdrawn. In the result, the appeal filed by the assessee for the year under consideration stands dismissed as withdrawn. Order pronounced in court on 10 th August, 2023 Sd/- Sd/- (CHANDRA POOJARI) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, 10 th August, 2023 IT(TP)A No.286/Bang/2021 Page 5 of 5 / vms / 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.