DCIT, New Delhi V. M/s BT Global Communication India P Ltd., Mumbai

ITA 506/DEL/2016

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4338 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2011-2012
• Appeal Filed On: 01-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B RAMANJANEYALU
• Assessee Lawyers: ANANT PERIWAL
• Section: 143(3)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI I - 1 BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER, AND MS. SUCHITRA KAMBLE , JUDICIAL MEMBER ITA NO. 506 /DEL/201 6 [A.Y 20 11 - 12 ] THE DY . C.I.T, VS. M/S BT GLOBAL COMMUNICATIONS CIRCLE 4 ( 1 ), INDIA PVT. LTD., 502, 5 TH FLOOR NEW DELHI. RAHEJA TITANIUM - II OFF WESTERN EXPRESS HIGHWAY JOGESHWARI [E] MUMBAI [ PAN : AA ACG 1534 A ] CO NO. 152/DEL/2016 (ITA NO. 506/DEL/2016 [A.Y 2011 - 12]) M/S BT GLOBAL COMMUNICATIONS VS. THE DY. C.I.T, INDIA PVT. LTD., 502, 5 TH FLOOR CIRCLE 4 (1), RAHEJA TITANIUM II NEW DELHI. OFF WESTERN EXPRESS HIGHWAY JOGESHWARI [E] MUMBAI [PAN : AAACG 1534 A] [APPELLANT] [RESPONDENT] D ATE OF HEARING : 24 . 1 0 .201 8 DATE OF PRONOUNCEMENT : 3 1 . 1 0.2018 ASSESSEE BY : S HRI ANANT PERIWAL, CA REVENUE BY : SHRI B. RAMANJANEYALU, SR.DR 2 ORDER PER N.K. BILLAIYA , ACCOUNTANT MEMBER, T H IS APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE ARE PREFERRED AGAINST THE ORDER DATED 21.12 .201 5 FRAMED U/S 143(3) R.W.S 144C ( 3 ) OF THE INCOME - TAX ACT, 1961 [HEREINAFTER REFERRED TO AS 'THE ACT]' PERTAINING TO A.Y 20 11 - 12 . BOTH THE APPEAL AND CROSS OBJECTIONS WERE HE ARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE AND BREVITY. 2. THE SOLITARY GRIEVANCE RAISED BY THE REVENUE IS THAT THE DRP ERRED IN DELETING THE ADJUSTMENT MADE ON PROTECTIVE BASIS AMOUNTING TO RS. 93,81,11,053/ - . 3. AT THE VERY OUTSET, THE LD. AR SUBMITTED THE RESOLUTION OF DISPUTE UNDER MAP WITH THE UNITED KINGDOM IN THE CASE THE ASSESSEE. THE LD. AR ALSO FURNISHED A COPY OF THE ORDER GIVING EFFECT TO THE RESOLUTION PASSED BY THE COMPETENT UNITED KINGDOM TAX COMMUNICATION. 3 4. WE HAVE CAREFULLY CONSIDERED THE R ESOLUTION OF D ISPUTE AND THE ORDER GIVING EFFECT TO THE RESOLUTION PASSED BY THE COMPETENT UNITED KINGDOM TAX COMMUNICATION. 5. AS PER THE RESOLUTION OF DISPUTE UNDER MAP WITH UNITED KINGDOM DATED 29. 01.2019, IT HAS BEEN RESOLVED THAT FOR A Y 2011 - 12, PROTECTIVE ADJUSTMENT MADE BY THE TPO WOULD BE WITHDRAWN IN TOTO, I.E, THERE WILL NOT BE ANY ADJUSTMENT IN A.Y 2011 - 12 ON PROTECTIVE BASIS. THE ADDL. CIT, SPECIAL RANGE 2, NEW DELHI VIDE ORDER DATED 27. 04.2018 , GAVE EFFECT TO THE RESOLUTION PASSED BY THE COMPETENT UNITED KINGDOM TAX COMMUNICATION UNDER MAP AND ACCORDINGLY, MODIFIED THE ORDER FRAMED U/S 143(3) R.W.S. 144C OF THE ACT, THEREBY DETERMINING TOTAL ASSESSED INCOME AFTER MAP AT NIL. 6. CONSIDER ING THE AFORESAID ORDER, APPEAL OF THE REVENUE IS DISMISSED AS HAVING BECOME INFRUCTUOUS. 7 . IN THE RESULT, THE APPEAL OF THE REVENUE IN ITA NO. 506 /DEL/201 6 AND CROSS OBJECTION S OF THE ASSESSEE IN CO NO. 152/DEL/2016 ARE DISMISSED. THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 3 1 . 1 0.2018. S D / - S D / - [ SUCHITRA KAMBLE ] [ N.K. BILLAIYA ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 3 1 S T OCTOBER , 2018 4 VL/ COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER