Xerox India Ltd., Gurgaon V. DCIT,Circle- 27(2), New Delhi

MA 161/DEL/2023

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 112924 (ITAT-DELHI)
• Duration Of Justice: 1 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-05-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Next Hearing Date: 27-04-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 23-03-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Transfer pricing; International transaction

Judgement Text

1 M. A No. 161/Del/2013 Xerox India Ltd. Vs. DCIT IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘I’ NEW DELHI BEFORE DR. B. R. R. KUMAR, ACCOUNTANT MEMBER AND SH. YOGESH KUAMR U.S., JUDICIAL MEMBER M.A No. 161/Del/2023 In (ITA No. 2014/Del/2017 ( A.Y 2012-13) Xerox India Ltd. 5 th Floor, Block One, Vatika Business Park, Sector-49, Sohna Road, Gurgaon. PAN: AAACM8634R (APPLICANT) Vs DCIT, CIRCLE-27 (2), New Delhi (RESPONDENT) Applicant by Sh. Nageshwar Rao, Adv & Sh. Akshay Upal, Adv Respondent by Sh. Shankar Gupta. Sr. DR ORDER SH. YOGESH KUAMR U.S., JM In the present Miscellaneous Application the assessee sought for rectification of order of the Tribunal dated 04/01/2023 in ITA No. 2014/Del/2017. 2. The Ld. Counsel for the assessee submitted that while deciding the captioned Appeal, the Tribunal has followed the orders of the Assessee’s own case for the Assessment Year 2008-09, 2009-10,2010-11 & 2011-12, wherein held that ‘no international transaction of AMP exist, the case of the assessee’ and deleted the adjustment. While following the principals of consistency, the Tribunal in the order impugned held that even in the year under consideration ‘no international transaction of AMP exist’ and restored the issue to the file of TPO for bench marking the analysis applying TNMM but none of the Tribunal Date of Hearing 28/04/2023 Date of Pronouncement 23/05/2023 2 M. A No. 161/Del/2013 Xerox India Ltd. Vs. DCIT orders in Assessee’s own case for the Assessment Year 2008-09, 2009-10, 2010-11 & 2011-12 relied by the Bench, the matter was remanded to the file of the TPO. Therefore, sought for rectifying the errors apparent on record. 3. On the other hand, the Ld. DR justified the order passed by the Tribunal and sought for dismissal of the M.A. 4. We have heard both the parties and perused the material available on record. it is found that as stated by the Ld. AR in all the previous years i.e. Assessment Years 2008-09, 2009-10, 2010-11 & 2011-12 the Co-ordinate Bench of the Tribunal has held that ‘no international transaction of AMP exist in the case of assessee’ and deleted the adjustment and not remanded the matter to the file of CIT(A). Considering the above facts and circumstances, in view of the above mistake apparent on record, we allow the Grounds of M.A filed by the assessee and the paragraph 14 of the order in ITA No. 2014/Del/2017 shall be read as follows:- “ 14. Since by following the Coordinate Bench decisions, we already held that there is no such International Transaction for brand promotion and by following Assessee’s own case mentioned supra, in our opinion, there is no basis available to the TPO for making such a comparability adjustment under TNMM. Accordingly, by following the principals of consistency, we allow the Ground No. 3 of the assessee and delete the adjustment made on account of AMP Transaction”. 5. In the result, M.A filed by the Assessee is allowed. Order pronounced in the Open Court on 23 rd MAY, 2023 Sd/- Sd/- (Dr. B. R.R. KUMAR) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 23/05/2023 R. N, Sr. PS 3 M. A No. 161/Del/2013 Xerox India Ltd. Vs. DCIT Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI