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

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ITA 286/BANG/2021Status: DisposedITAT Bangalore10 August 2023AY 2016-175 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal. Since the assessment year was covered by the APA's rollback period, the grounds raised by the assessee were dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the final assessment order for AY 2016-17. The assessee had entered into an Advance Pricing Agreement (APA) with the CBDT, which covered the assessment year in question under its rollback provisions.

What were the issues?

Whether the appeal should be withdrawn due to the applicability of an Advance Pricing Agreement (APA) covering the assessment year under its rollback provisions.

Which sections of the Income-tax Act were involved?

Not specified

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH : BANGALORE

Before: SHRI CHANDRA POOJARI & SMT. BEENA PILLAI

For Appellant: Smt. Manasa Ananthan, Advocate
For Respondent: Shri Sathyasai Rath, CIT (DR)
Hearing: 10.08.2023Pronounced: 10.08.2023

O R D E R Per Beena Pillai, Judicial Member

The present appeal has been filed by the assessee against the final assessment order dated 28/04/2021 passed by the National e-Assessment Center, New Delhi for assessment year 2016-17.

IT(TP)A No.286/Bang/2021 Page 2 of 5

2.

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.

3.

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.

4.

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).

5.

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:-

IT(TP)A No.286/Bang/2021 Page 3 of 5

IT(TP)A No.286/Bang/2021 Page 4 of 5

6.

The Ld.DR did not object for the appeal being withdrawn by the assessee.

7.

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.

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