M/S.HARMAN CONNECTED SERVICES CORPORATION INDIA,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, BANGALORE

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ITA 686/BANG/2017Status: DisposedITAT Bangalore26 November 2020AY 2012-132 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the revenue's appeal, following the assessee's withdrawal of its appeal due to settlement under the MAP. The issues in the revenue's appeal were also considered settled 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 The assessee had previously withdrawn its appeal for the same assessment year as the issues were settled under the Mutual Agreement Procedure (MAP).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 as the underlying issues were settled under the Mutual Agreement Procedure (MAP).

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI N.V. VASUDEVAN & SHRI CHANDRA POOJARI

For Appellant: Ms. Neera Malhotra, CIT(DR)(ITAT), Bengaluru
For Respondent: Shri Chavali Narayan, CA
Hearing: 26.11.2020Pronounced: 26.11.2020

Per N.V. Vasudevan, Vice President

1.

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.

2.

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 Accordingly, the Tribunal dismissed the appeals of the assessee as withdrawn for AYs 2011-12 & 2012-13.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.

3.

In the result, the appeal by the revenue is dismissed.

Pronounced in the open court on this 25th day of November, 2020.

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