NORTONLIFELOCK INDIA PRIVATE LTD., (FORMERLY KNOWN AS SYMANTEC SOFTWARE INDIA PVT.LTD,),PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 6, PUNE

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ITA 2077/PUN/2019Status: DisposedITAT Pune19 April 2022AY 2015-163 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal granted the assessee's permission to withdraw the appeal. The appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against additions made on transfer pricing and corporate tax issues. The assessee sought to withdraw the appeal concerning transfer pricing issues as they were settled through an Advance Pricing Agreement (APA) with the CBDT.

What were the issues?

Whether an appeal can be withdrawn if the grounds are settled through an APA. The assessee's request to withdraw specific grounds related to transfer pricing.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 92CA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “C”, PUNE

Before: SHRI INTURI RAMA RAO & SHRI S. S. VISWANETHRA RAVI

For Appellant: Shri Rajat Soni
For Respondent: Shri Anurag Shrivastava
Hearing: 08.04.2022Pronounced: 19.04.2022

ORDER

PER INTURI RAMA RAO, AM:

1.

This is an appeal filed by the assessee directed against the final assessment order dated 18.10.2019 passed u/s 143(3) r.w.s. 144C(13) r.w.s. 92CA of the Income Tax Act, 1961 (‘the Act’) for the assessment year 2015-16.

2.

When the matter had come up for hearing, ld. AR for the assessee filed a letter dated 28.01.2022 seeking permission to withdraw the above captioned appeal on the ground that the addition made on transfer pricing issues have been settled through the APA NIPL and the CBDT. The relevant contents of the said letter dated 28.01.2022 are reproduced hereunder :- “This is with reference to the captioned appeal filed by NIPL with the Hon’ble Income Tax Appellate Tribunal (‘Hon’ble ITAT’) in respect of AY 2015-16 on 24 December 2019. NIPL had filed the captioned appeal against the additions made by the Assessing officer on Transfer Pricing issues and Corporate Tax issues and the same is pending for adjudication with the Hon’ble ITAT. NIPL had also filed an application for Advance Pricing Agreement (‘APA’) with the Central Board of Direct Taxes ('CBDT’) in relation to international transactions of provision of software coding services and back-office support services (copy of the signed APA application is enclosed as Annexure 1). The same has reached a conclusion and NIPL has signed an agreement with CBDT on 24th November 2021. The Agreement is applicable to consecutive five years commencing from Financial Year (‘FY’) 2014-15 to FY 2018-19 (relevant to AY 2015-16 to AY 2019-20). The grounds of appeal

s (Ground No.1 to 11 of the appeal filed) in the captioned appeal pertain to the adjustment made by the learned TPO towards the international transactions in respect of provision of software coding services and back-office support services and the same are the subject matter of the signed APA. Consequently, these grounds do not require any further adjudication by the Hon’ble ITAT. Hence, NIPL wishes to withdraw the Grounds No. 1 to 11 pertaining to addition made on transfer pricing issues as aforesaid grounds have been settled through the APA between NIPL and the CBDT. However, NIPL wishes to continue to agitate on additions made by AO on corporate tax issues (covered by Ground No. 12 to 15 of the appeal filed) and above request of NIPL for withdrawal for grounds of appeal pertaining to transfer pricing issues should not be construed as consent for withdrawal of entire appeal. We request you to take the above on record and accede to our request. We shall be pleased to provide you with any further information/ clarification that you may require in this regard.”

3. Considering the above submissions of the ld. AR for the assessee and ld. Sr. DR’s no objection for withdrawal of the present appeal, we hereby grant permission to the assessee to withdraw the

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