ITO, WD-2(2), KOLKATA, Kolkata V. M/s Acclaris Business Solutions Pvt. Ltd., Kolkata

ITA 39/KOL/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9567 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-01-2017
• Appeal Filed By: Department
• Bench Allotted: C
• Next Hearing Date: 01-08-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 07-01-2016
• Court: TRIBUNAL
• Keywords: Transfer pricing; International transaction

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : KOLKATA [BEFORE HONBLE SRI N.V.VASUDEVAN, JM & SHRI M.BA LAGANESH, AM ] I.T.A NO. 1397/KOL/20 15 ASSESSMENT YEAR : 2011-1 2 ACCLARIS BUSINESS SOLUTIONS (P)LTD. -VS.- I .T.O., WARD-2(2), KOLKATA KOLKATA [PAN : AAECA 2366 E] (APPELLANT) (RESPONDENT) I.T.A NO.39/KOL/2016 ASSESSMENT YEAR : 2011-1 2 I.T.O., WARD-2(2), -VS- ACCLARIS BUSINESS SOLUTI ONS (P)LTD. KOLKATA KOLKATA [PAN : AAECA 2366 E] FOR THE ASSESSEE : NONE (APPLICATION FOR WITH DRAWAL FILED) FOR THE RESPONDENT : SHR I G.MALLIKARJUNA, CIT(DR) DATE OF HEARING : 24.01.2017. DATE OF PRONOUNCEMENT : 24.01.2017. ORDER PER M.BALAGANESH, AM THESE APPEALS OF THE ASSESSEE AND THE REVEN UE ARISE OUT OF THE ORDER OF THE DISPUTE RESOLUTION PANEL-2, NEW DELHI IN F.NO.DRP-2/DEL/201 5-16/216 DATED 20.08.2015 AGAINST THE ORDER OF ASSESSMENT FRAMED FOR THE ASST YEAR 2011-12 U/S 143(3)/144C OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO A S THE ACT). 2. THE ASSESSEE HAS FILED AN APPLICATION DATED 0 3.01.2017 REQUESTING FOR THE WITHDRAWAL OF APPEAL FOR THE FOLLOWING REASONS STAT ED IN ITS APPLICATION : 2 ITA NO.2744/KOL/2013 SANJAY KUMAR GUPTA A.YR.2010-11 2 IN THIS REGARD, THE APPELLANT WOULD LIKE TO INFOR M THAT, IT HAD FILED FOR AN ADVANCE PRICING AGREEMENT ( APA ) FOR THE PERIOD BEGINNI NG FORM FINANCIAL YEAR (FY) 2010-11 TO FY 2018-19 (INCLUDING ROLLBACK) WITH THE CENTRAL BOARD OF DIRECT TAXES ( CBDT ). THE APA HAS NOW BEEN FINALIZED AND SIGNED WITH THE CBDT ON 23 NOVEMBER 2016. THE COPY OF THE SAME IS ATTACHED HEREWITH AS ANNEXURE-I TO THE LETTER. IN THIS REGARD, AS AY 2011-12 FALLS UNDER THE APA P ERIOD AS PER THE ROLLBACK MECHANISM, THE PRICING FOR THE INTERNATIONAL TRANSACTIONS WOUL D BE GOVERNED BY THE TERMS AND CONDITIONS AS AGREED IN THE APA. RULE 10RA(4) AND R ULE 10RA(5) OF THE INCOME-TAX RULES, 1962 REQUIRE THAT AN APPEAL PENDING BEFORE T HE HONBLE NEEDS TO BE WITHDRAWN IN SO FAR AS THE ISSUES ARE COVERED BY APA. 3. THE LD. DR DID NOT RAISE ANY OBJECTION. WE PE RMIT THE ASSESSEE TO WITHDRAW THIS APPEAL. 4. IN THE RESULT, THE APPEAL BY THE ASSESSEE AN D REVENUE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE CO URT ON 24.01.2017. SD/- SD/- [N.V.VASUDEVAN] [ M.BALAGANESH ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 24.01.2017. [RG PS] COPY OF THE ORDER FORWARDED TO: 1.M/S. ACCLARIS BUSINESS SOLUTIONS PVT. LTD., 201, ECOSPACE, 2 ND FLOOR, TOWER 2B, NEW TOWN, RAJARHAT, KOLKATA-700 156. 2. I.T.O., WARD-2(2) KOLKATA. 3..CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSTT.REGISTRAR, ITAT, KOLKATA BENCHES 3 ITA NO.2744/KOL/2013 SANJAY KUMAR GUPTA A.YR.2010-11 3