MEGGER INDIA P. LTD, MUMBAI V. DCIT 10(2)(2), MUMBAI

ITA 7514/MUM/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1252 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 21-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Transfer pricing; International transaction
• Section: 143(3)

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI SHRI SHAMIM YAHYA (AM) & SHRI PAVAN KUMAR GADALE (JM) I.T.A. NO. 7514/MUM/2016 (ASSESSMENT YEAR 2012-13) MEGGER INDIA PVT.LTD. 211, CRYSTAL PARADISE VEERA DESAI ROAD ANDHERI(W) MUMBAI-400 053 PAN : AAFCM9884N VS. D CIT - 10(2)(2) AAYKAR BHAWAN 2 ND FLOOR MUMBAI-400 020 ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI SATISH MODY DEPARTMENT BY SHRI SUSHIL KUMAR MISHRA DATE OF HEARING 0 1.07 .2021 DATE OF PRONOUNCEMENT 05 .07 .2021 O R D E R PER SHAMIM YAHYA (AM) :- THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE ASSESSING OFFICER PASSED UNDER SECTION 143(3) R.W.S. 144C(1) OF INCOME TAX ACT, 1961 (HEREINAFTER 'THE ACT') DATED 08.03.2016 FOR ASSESS MENT YEAR 2012-13 PASSED PURSUANT TO THE DIRECTION OF THE DISPUTE RESOLUTION PANEL (DRP)-3, MUMBAI DATED 7/11/2016. 2. THE GROUNDS OF APPEAL READ AS UNDER : 1) THE LEARNED DY. COMMISSIONER OF INCOME-TAX - (HQ), DRP-3, WZ, MUMBAI HAS ERRED IN FACTS AND IN LAW IN CONFIRMING THE ASSESSI NG OFFICER'S PROPOSING THE ARM'S LENGTH PRICE FOR INTERNATIONAL TRANSACTION IN RESPE CT OF AVAILING OF INTRA-GROUP SERVICES, I.E. ADMINISTRATIVE AND MANAGERIAL SERVIC ES BY THE APPELLANT FROM ITS ASSOCIATED ENTERPRISES (AE) AT RS. NIL AS AGAINST T HE SUM OF RS. 71,67,0377- DETERMINED BY THE APPELLANT AND THEREBY PROPOSING A N ADJUSTMENT OF RS. 71,67,0377-. 2) THE LEARNED DY. COMMISSIONER OF INCOME-TAX - (HQ), DRP-3, WZ, MUMBAI HAS ERRED IN CONFIRMING THAT NO TANGIBLE OR DIRECT BENE FIT WAS DERIVED BY THE APPELLANT FROM RECEIPT OF THE INTRA-GROUP SERVICES AND THAT T HE APPELLANT FAILED TO FURNISH ITA NO.7514/MUM/2016 2 ADEQUATE EVIDENCES TO DEMONSTRATE THAT THE SERVICES WERE ACTUALLY RENDERED BY THE AE, NOT APPRECIATING THE DETAILS, EXPLANATIONS AND EVIDENCES SUBMITTED BY THE APPELLANT. 3. AT THE OUTSET, IN THIS CASE LD. COUNSEL OF THE A SSESSEE SUBMITTED THAT HE SHALL BE WITHDRAWING THE APPEAL. LD. DEPARTMENTAL REPRESENT ATIVE DID NOT HAVE ANY OBJECTION TO THIS PROPOSITION. 4. UPON CAREFUL CONSIDERATION, WE HAVE GRANTED PERMISSION TO WITHDRAW THE APPEAL. ACCORDINGLY, THIS APPEAL IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, THIS APPEAL IS DISMISSED AS W ITHDRAWN. PRONOUNCED IN THE OPEN COURT ON 05.07.2021 SD/- SD/- ( PAVAN KUMAR GADALE) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTAN T MEMBER MUMBAI; DATED : 05/07/2021 SR.PS. THIRUMALESH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( ASSISTANT REGISTRAR) ITAT, MUMBAI