DCIT, Bangalore V. Broadcom Communication Technologies Pvt. Ltd., Bangalore

ITA 480/BANG/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 1825 (ITAT-BANGALORE)
• Duration Of Justice: 3 year(s) 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2019
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 17-03-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Transfer pricing
• Section: 142(1)

Judgement Text

IT(TP)A NOS.480 & 735/BANG/2016 PAGE 2 OF 9 2. FOR THE SAKE OF CONVENIENCE, WE SHALL TAKE UP THE REVENUE APPEAL IN IT(TP)A NO.480/BANG/2016 AND THE FACTS NARRATED THEREIN. 3. BRIEF FACTS OF THE CASE ARE THAT THE ASS ESSEE IS ENGAGED IN SOFTWARE RESEARCH AND DEVELOPMENT AND FILED THE RETURN OF INCOME ON 24/11/2011 WITH TOTAL INCOME OF RS.10,10, 378/- AFTER CLAIMING DEDUCTION U/S 10A OF THE ACT. SUBSEQUENTL Y, THE CASE WAS SELECTED FOR SCRUTINY UNDER CASS AND NOTICE U/S 142(1) OF THE ACT WAS ISSUED. THERE WAS A CHANGE IN THE JURI SDICTION AND THE ASSESSEE WAS ALSO ISSUED NOTICE U/S 142(1) OF T HE ACT. IN COMPLIANCE, LD. AR APPEARED FROM TIME TO TIME AND F URNISHED THE DETAILS. SINCE THE ASSESSEE HAS INTERNATIONAL TRAN SACTIONS EXCEEDING MORE THAN RS.15 CRORES, THE MATTER WAS RE FERRED TO THE TRANSFER PRICING OFFICER (TP) WITH THE APPROVAL OF THE CIT. TPO, HAVING CONSIDERED THE FINANCIAL STATEMENT AND THE TRANSFER PRICING STUDY REPORT MADE ADJUSTMENT TO THE ALP TO THE EXTENT OF RS.4,13,20,373/- AND PASSED THE ORDER U/S 92CA O F THE ACT. WHEREAS THE ASSESSING OFFICER (AO) RESTRICTED THE C LAIM OF DEDUCTION U/S 10A OF THE ACT AND THE ASSESSEE HAS F ILED SUBMISSIONS DATED 19/01/2005. AO HAS RE-WORKED DED UCTION U/S 10A AND THE DRAFT ASSESSMENT ORDER WAS SENT TO THE ASSESSEE. THE ASSESSEE FILED OBJECTIONS AGAINST DR AFT ASSESSMENT ORDER BEFORE THE DISPUTE RESOLUTION PANE L (DRP). DRP, AFTER CONSIDERING THE OBJECTIONS AND SUBMISSIO NS OF THE