M/s Futures First Info Services Private Ltd., New Delhi V. ACIT, New Delhi

ITA 6803/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3584 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-08-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2011-2012
• Appeal Filed On: 28-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Transfer pricing; Rectification of order; International transaction
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I - 1 , NEW DELHI BEFORE SH. N. K. SAINI, AM AND SH. SUDHANSHU SRIVASTAVA , JM ITA NO. 6803/DEL/2015 : ASSTT. YEAR : 2011 - 1 2 M/S FUTURES FIRST INFO SERVICES PVT . LTD., 303, MANSAROVAR BUILDING, 90, NEHRU PLACE, NEW DELHI - 110019 VS ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE - 9(2), NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. A AA CF8545J ASSESSEE BY : SH. SUYASH SINHA, ADV. & SH. RAHUL YADAV, ADV. REVENUE BY : SH. KUMAR PRANAV , SR. DR DATE OF HEARING : 14.08 .201 8 DATE OF PRONOUNCEMENT : 16 . 08 .201 8 ORDER PER N. K. SAINI, AM: THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 30.10.2015 PASSED BY THE AO U/S 1 43(3) OF THE INCOME TAX ACT, 1961. 2. DURING THE COURSE OF HEARING , THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS THE INSTRUCTION TO WITHDRAW THIS APPEAL AND GAVE IN WRITING AS UNDER: MAY IT PLEASE YOUR HONOURS WE ON BEHALF OF THE AFOREMENTIONE D APPELLANT SUBMIT AS UNDER: IT IS RESPECTFULLY SUBMITTED THAT THE INSTANT APPEAL WAS FILED BY THE APPELLANT CHALLENGING THE IMPUGNED TRANSFER PRICING ADJUSTMENT CARRIED OUT BY THE LEARNED TPO/AO VIDE ITS ORDER DATED 27.10.2015 AMOUNTING TO INR 8,83,34,659 , IN RESPECT ITA NO. 6803 /DEL /201 5 FUTURES FIRST INFO SERVICES PVT. LTD. 2 OF THE PROVISIONS OF INFORMATION TECHNOLOGY ENABLED SUPPORT SERVICES ('ITES') ('IMPUGNED TP ADJUSTMENT'). LD. TPO, WHILE CARRYING OUT THE IMPUGNED TP ADJUSTMENT, INADVERTENTLY FAILED TO REALIZE THAT THE ARM'S LENGTH PRICE OF THE INTERNATIONAL TRANSACTION FELL WITHIN THE PERMISSIBLE STATUTORY RANGE OF +/ - 5% OF THE TRANSACTION PRICE, IN TERMS OF THE SECOND PROVISO TO SECTION 92C(2) OF THE INCOME - TAX ACT, 1961 ('IT ACT'), AS IT EXISTED DURING THE SUBJECT ASSESSMENT YEAR, AND HENCE THE ITES TRANSA CTION DID NOT MERIT ANY TRANSFER PRICING ADJUSTMENT. AS SUCH, THE APPELLANT HAD FILED AN APPLICATION UNDER SECTION 154 OF THE IT ACT BEFORE THE TPO, POINTING OUT THIS INADVERTENT APPARENT ERROR. IT IS SUBMITTED THAT THE TPO HAS PASSED A RECTIFICATION ORDE R DATED 16.09.2016 ('RECTIFICATION ORDER') DELETING THE TRANSFER PRICING ADJUSTMENT IN RELATION TO THE SUBJECT ASSESSMENT YEAR FOR THE REASONS EXPLAINED ABOVE. COPY OF THE RECTIFICATION ORDER IS ENCLOSED AS ANNEXURE A. UNDER THE CIRCUMSTANCES, IT IS RESPE CTFULLY SUBMITTED THAT THE CAPTIONED APPEAL HAS BECOME INFRUCTUOUS AND ACCORDINGLY, THE APPELLANT MOST HUMBLY SEEKS LIBERTY TO WITHDRAW THE CAPTIONED APPEAL. IT IS THEREFORE SUBMITTED THAT THIS HON'BLE BENCH MAY KINDLY TREAT THE CAPTIONED APPEAL AS WITHDRA WN. PRAYED ACCORDINGLY, FOR MS/. FUTURES FIRST SERVICES PRIVATE LIMITED SD/ - AUGUST 14,2018 (AUTHORIZED REPRESENTATIVE) 3. IN HIS RIVAL SUBMISSIONS , THE LD. DR DID NOT OBJECT IF THE APPEAL I S DISMISSED AS WITHDRAWN. 4. IN VIEW OF THE ABOVE, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ITA NO. 6803 /DEL /201 5 FUTURES FIRST INFO SERVICES PVT. LTD. 3 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. (ORDER PRONOUNCED IN THE COURT ON 16 /08 /201 8 ) SD/ - SD/ - ( SUDHANSHU SRIVASTAVA ) (N. K. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DAT ED: 16 /08 /201 8 *SUBODH* COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR