DCIT, BANGALORE vs. OMEGA HEALTHCARE MANAGEMENT SERVICES PVT. LTD., BANGALORE
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the revenue's appeal. This decision followed the assessee's withdrawal of its appeal due to the settlement of issues under the MAP.
What were the facts?
The revenue filed an appeal against the final order of assessment for AY 2011-12. The assessee had previously withdrawn its appeal for the same assessment year as the issues were settled under the Mutual Agreement Procedure (MAP).
What were the issues?
Whether the revenue's appeal should be dismissed following the settlement of issues under the Mutual Agreement Procedure (MAP) by the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH : BANGALORE
Before: SHRI N.V. VASUDEVAN & SHRI CHANDRA POOJARI
Per N.V. Vasudevan, Vice President
This appeal by the revenue is against the final order of assessment dated 28.01.2016 passed u/s. 143(3) r.w.s. 144C of the Income-tax Act, 1961 [the Act] relating to assessment years 2011-12.
The assessee’s appeal for the AY 2011-12 in came up for consideration before this Tribunal and was disposed of vide consolidated order dated 24.11.2020 on the assessee’s submission seeking withdrawal of the appeal on the ground that issues raised in its appeal have been settled under the Mutual Agreement Procedure (MAP) under Article 27 of the Convention between the Government of United
IT(TP)A No.510/Bang/2016 Page 2 of 2 States of America and the Republic of India for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital. Accordingly, the Tribunal dismissed the appeals of the assessee as withdrawn for AYs 2011-12 & 2012-13. Following the same, the revenue’s appeal for the AY 2011-12 is also dismissed since the issues concerning the appeal has been settled under the MAP as aforesaid.
In the result, the appeal by the revenue is dismissed.
Pronounced in the open court on this 25th day of November, 2020.
More judgments on Section 144C
- Mishoo Sahay, Bangalore vs ACIT, Circle 2(1), It, KolkataITTPA 19/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
- Anshu Sahay, Bangalore vs ACIT, Circle 2(1), It, KolkataITTPA 18/KOL/2026[2016-2017]Status: Disposed15 Oct 2026AY 2016-2017
- Anshu Sahay, Bangalore vs ACIT, Circle 2(1), It, KolkataITTPA 17/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- Anshu Sahay, Bangalore vs ACIT, Circle 2(1), It, KolkataITTPA 16/KOL/2026[2014-2015]Status: Disposed15 Oct 2026AY 2014-2015
- Anshu Sahay, Bangalore vs ACIT, Circle 2(1), It, KolkataITTPA 15/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
Recent GST High Court judgments
Search GST case law →- Sushama Mishra vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026
- M/S. Nanda Contruction PVT. LTD., Angul vs. Additional Commissioner, GST And Central Excise Commissionerate, SundergarhOrissa · 28 Oct 2026
- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026