DCIT, New Delhi V. M/s Mentor Graphics (India) Pvt. Ltd., New Delhi

ITA 339/DEL/2016

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2315 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2011-2012
• Appeal Filed On: 22-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

PAGE 1 OF 3 IN THE INCOME TAX APPELATE TRIBUNAL DELHI BENCH I.2: NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO. 339/DEL/2016 A.Y.: 2011-12 DCIT, CIRCLE 16(2), VS. MENTOR GRAPHICS (INDIA) P VT. LTD. NEW DELHI B-92, 9 TH FLOOR, HIMALYA HOUSE, 23, K.G. MARG, NEW DELHI 1 (PAN: AABCM5494Q) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI HIMANSHU SINHA, ADVOCATE DEPARTMENT BY : SHRI H.K. CHOUDHARY, CIT(DR) O R D E R PER H.S. SIDHU, JM THIS APPEAL FILED BY THE REVENUE AGAINST THE DIREC TIONS DATED 15.10.2015 OF THE LD. DISPUTE RESOLUTION PANEL-2, N EW DELHI PERTAINING TO ASSESSMENT YEAR 2011-12. 2. DURING THE COURSE OF HEARING, LD. COUNSEL FOR THE A SSESSEE, SH. HIMANSHU SINHA, ADVOCATE FILED A LETTER DATED 08.08.2 017 WHICH COVERS THE ROLLBACK YEARS OF ADVANCE PRICING AGREEMENT . THEREFORE, HE SUBMITTED THAT NOW THIS APPEAL OF THE REVENUE DO ES NOT SURVIVE. 3. LD. CIT(DR), SH. H.K. CHOUDHARY ALSO PERUSED THE A DVANCE PRICING AGREEMENT AND AGREED WITH THE ABOVE FACT. 4. WE HAVE CAREFULLY CONSIDERED THE RIVAL CONTENTIONS AND ALSO PERUSED THE LETTER DATED 08.8.2017 FILED BY THE LD. COUNSEL FOR THE ASSESSEE ALONGWITH THE COPY OF THE ADVANCE PRICING AG REEMENT. WE NOTE THAT AS PER PARA 2 OF THE ADVANCE PRICING AGREEMEN T THE PAGE 2 OF 3 IMPUGNED ASSESSMENT YEAR I.E. AY 2011-12 IS COVERED IN THE SAID AGREEMENT. IN VIEW OF THIS, THE APPEAL OF THE REVEN UE DOES NOT SURVIVE, HENCE, THE SAME IS DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED ON 15-11-2018. SD/- SD/- [PRASHANT MAHARISHI] [H.S. SIDHU] ACCOUNTANT MEMBER JUDICIAL MEMBER DATE:15/11/2018 SRBHATNAGAR COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4.CIT (A) 5. DR , ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES PAGE 3 OF 3