AMD INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

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ITTPA 631/BANG/2026Status: DisposedITAT Bangalore27 April 2026AY 2022-233 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal considered the application for withdrawal dated 9.4.2026 filed by the assessee and the request of the assessee's authorized representative. The Tribunal permitted the assessee to withdraw the appeal. Consequently, the appeal filed by the assessee was dismissed as withdrawn. The operative direction was to dismiss the appeal. No specific issues were decided on merits as the appeal was withdrawn. The judgment does not record any specific finding on the merits of the AO's order or the applicability of the APA beyond permitting the withdrawal.

What were the facts?

The assessee, AMD India Pvt. Ltd., filed an appeal before the Income Tax Appellate Tribunal (ITAT), Bangalore, against the order of the Assessing Officer (AO), Assessment Unit, dated 23/12/2025, passed under Section 143(3) read with Sections 144C and 144B of the Income Tax Act, 1961, for the Assessment Year (AY) 2022-23. The assessee's authorized representative (AR) submitted a letter dated 9.4.2026, stating that the company had entered into a Bilateral Advance Pricing Agreement (Bilateral APA) with the Central Board of Direct Taxes on 30/03/2026. This APA covers disputed international transactions with Associated Enterprises (AEs) for consecutive five years from FY 2023-24 to FY 2027-28 (AY 2024-25 to AY 2028-29) and includes a rollback period from FY 2019-20 to FY 2022-23 (AY 2020-21 to AY 2023-24). The AR contended that since AY 2022-23 falls within the rollback period of the Bilateral APA, all issues in the present appeal are settled.

What were the issues?

1. Whether the issues raised in the appeal for AY 2022-23 stand settled in accordance with the terms of the Bilateral Advance Pricing Agreement (Bilateral APA) entered into by the assessee, thereby rendering the appeal infructuous? (Question of law and fact, concerning the applicability of the APA). Assessee's contention: The assessee argued that a Bilateral APA was signed on 30/03/2026, covering the disputed international transactions with its AEs. This APA includes a rollback period from FY 2019-20 to FY 2022-23. As the present appeal pertains to AY 2022-23, which is a rollback year, all issues raised in the appeal are settled as per the terms of the Bilateral APA, and no issues survive for adjudication. Revenue's contention: The Revenue stated that it had no objection if the Tribunal permitted the withdrawal of the appeal as prayed by the assessee.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C,Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C’’ BENCH: BANGALORE

Before: SHRI WASEEM AHMED & SHRI KESHAV DUBEY

For Respondent: Dr. Divya K.J., D.R
Hearing: 21.02.2026Pronounced: 27.04.2026

PER KESHAV DUBEY, JUDICIAL MEMBER:

This appeal at the instance of the assessee is directed against the order of ld. AO, Assessment Unit, Income Tax Department, dated 23/12/2025 vide DIN & Order No. ITBA/AST/S/143(3)/2025- 26/1083984605(1) passed u/s 143(3) r.w.s 144C read with section 144B of the Income Tax Act, 1961 (in short “The Act”) for the assessment year 2022-23.

2.

At the outset, the ld. A.R. of the assessee drew our attention on a letter dated 9.4.2026 and submitted that the assessee company had signed a Bilateral Advance Pricing Agreement (‘Bilateral APA’) with the Central Board of Direct Taxes on 30/03/2026 in relation to the disputed international transactions with its AEs. Further, the ld.

IT(TP)A No.631/Bang/2026 AMD India Pvt. Ltd., Bengaluru Page 2 of 3 AR submitted that the said APA is applicable in respect to the following years: • Consecutive 5 years from the FY 2023-24 to FY 2027-28 i.e. AY 2024-25 to AY 2028-29. • Roll back period from FY 2019-20 to FY 2022-23 i.e. AY 2020- 21 to AY 2023-24 Lastly, the ld. AR of the assessee submitted that as the present appeal bearing ITA(TP)A No. 631/Bang/2026 pertains to AY 2022- 23, which is a rollback year covered under the Bilateral APA entered into by the assessee, all issues raised in the present appeal stands settled in accordance with the terms of the said Bilateral APA & no issues survive for adjudication before this Tribunal.

2.1 The ld. DR submitted that the Revenue have no objection whatsoever if the Tribunal permits to withdraw the appeal as prayed by the assessee.

3.

Considering the application for withdrawal dated 9.4.2026 filed by the assessee as well as the request of ld. A.R. of the assessee, we permit the assessee to withdraw the appeal and accordingly appeal of the assessee is dismissed as withdrawn.

4.

In the result, appeal filed by the assessee is dismissed.

Order pronounced in the open court on 27th Apr, 2026

Sd/- Sd/- (Waseem Ahmed) (Keshav Dubey) Accountant Member Judicial Member

Bangalore, Dated 27th Apr, 2026. VG/SPS

IT(TP)A No.631/Bang/2026 AMD India Pvt. Ltd., Bengaluru Page 3 of 3

Copy to:

1.

The Applicant 2. The Respondent 3. The CIT 4. The DR, ITAT, Bangalore. 5 Guard file By order

Asst. Registrar, ITAT, Bangalore.

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