NUTANIX TECHNOLOGIES INDIA PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

At the outset, the ld.AR submitted that the assessee had entered into APA with the CBDT for financial year 2013-14 to 2020-21 on 31/03/2023. The copy of which has been filed and placed on record.

As per the APA, the covered transactions are: Provision of SWD, Provision of ITeS, Provision of SSS with the associated enterprise viz. Netanix Inc., Nutanix Netherlands B.V and Nutanix Singapore Pte Ltd.

The Ld.AR submitted that as per clause (2) of the APA, it shall apply to 5 consecutive assessment years commencing from previous year 2016-17 to previous year 2020-21 (relevant assessment year being 2017-18 to 2021).

It is also submitted that in the APA, it is agreed between the parties that it shall apply to 3 consecutive role back years commencing from previous year 2013-14 to previous year 2015-16 [relevant to assessment years 2014-15 to 2016-17]. 5. The ld.AR submitted that all the grounds as per the concise ground of appeal filed by the assessee relates to the transfer pricing issues only and that pursuant to the signing of APA and the present year under consideration being included in the role back years yet, the assessee is requesting for withdrawal of the appeal vide its letter dated 27/06/2023. For the sake of convenience, the same is reproduced hereunder:-

The Ld.DR did not object for the appeal being withdrawn by the assessee.

Considering the submission by both sides and the fact that present year is covered under the roll back period under APA, we allow the appeal of the assessee to withdraw. Accordingly, the grounds raised by the assessee for the year under consideration stands dismissed as withdrawn.