EMC Software and Services India Private Limited, Bangalore V. Income Tax Officer, Pune

ITA 724/PUN/2017

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 3912 (ITAT-BANGALORE)
• Duration Of Justice: 5 year(s) 2 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 28-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 154; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND MS. PADMAVATHY S, ACCOUNTANT MEMBER ITA No.724/Pune/2017 Assessment Year : 2012-13 M/s.EMC Software and Services India Pvt. Ltd., 112, 113, Akruti Sankul, Opp. Janata Sahakari Bank, Sadashiv Peth, Tilak Road, Pune – 411 030. PAN : AABCT 0199 B Vs. ITO, Ward – 1(3), 2 nd Floor, A – Wing, Room No.205, PMT Commercial Complex, Shankar-Seth Road, Pune – 411 037. APPELLANTRESPONDENT Assesseeby :Shri.T. Suryanarayana,Senior Advocate Revenue by:Shri.Gopinath, C.H.V. CIT(DR)(ITAT), Bengaluru. Date of hearing:23.06.2022 Date of Pronouncement:24.06.2022 O R D E R Per N. V. Vasudevan, Vice President This is an appeal by the assessee against the final Order of Assessment dated 25.07.2017 passed by the ITO, Ward – 1(3), Pune, under section 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 (hereinafter called ‘the Act’) in relation to Assessment Year 2013-14. 2. In this appeal, the assessee has challenged the addition on account of determination of Arm’s Length Price (ALP) u/s.92 of the Act, in respect of international transaction entered into with its Associate Enterprise (AE). The addition made by the Transfer Pricing Officer (TPO) pursuant to the directions of the Dispute Resolution Panel (DRP) was a total sum of ITA No.724/Pune/2017 Page 2 of 3 Rs.48,54,50,000/- in the ITeS and the Software Development (SWD) services segment. The TPO passed the order giving effect to the directions of the DRP dated 29.01.2016. 3. Thereafter, the assessee filed application under section 154 of the Act before the TPO pointing out certain mistakes in the order passed by the TPO giving effect to the directions of the DRP. On said application, the TPO passed an order dated 18.02.2019 under section 92CA(5) r.w.s. 154 of the Act in which the TP adjustment stood reduced to Nil. 4. In view of the aforesaid order dated 18.2.2019, the grievance projected by the assessee in this appeal will not survive as the very addition made by the AO stand reduced to Nil consequent to the order dated 18.02.2019. The appeal of the assessee would therefore become infructuous. 5. The learned Counsel for the assessee however submitted that a direction may be given to the AO to pass consequential orders based on the order of the TPO dated 18.02.2019. We are of the view that the AO should pass order in accordance with the order of the TPO dated 18.02.2019. We hold and direct accordingly. With these observations, we dismiss the appeal of the assessee as infructuous. 6. In the result, appeal of the assessee is dismissed. Pronounced in the open court on the date mentioned on the caption page. Sd/- (PADMAVATHY S) Sd/- (N.V. VASUDEVAN) Accountant Member Vice President Bangalore, Dated: 24.06.2022. /NS/* ITA No.724/Pune/2017 Page 3 of 3 Copy to: 1.Appellants2.Respondent 3.CIT4.CIT(A) 5.DR 6. Guard file By order Assistant Registrar, ITAT, Bangalore.