DCIT, BANGALORE vs. M/S CITIZEN WATCHES (INDIA) 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 held that the revenue's appeal had become infructuous because the transfer pricing issues raised in the appeal were settled by the APA. Consequently, the appeal was dismissed.
What were the facts?
The revenue filed an appeal against the final order of assessment for AY 2011-12. The assessee had previously filed an appeal challenging transfer pricing additions, which was withdrawn after entering into an Unilateral Advanced Pricing Arrangement (APA) with the CBDT.
What were the issues?
Whether the revenue's appeal concerning transfer pricing issues is maintainable when those issues have been settled by an APA.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH : BANGALORE
Before: SHRI N V VASUDEVAN & SHRI G MANJUNATHA
Per N.V. Vasudevan, Vice President
This appeal by the revenue is against the final order of assessment dated 18.01.2016 passed u/s. 143(3) r.w.s. 144C of the Income-tax Act, 1961 [the Act] by the DCIT, Circle 2(1)(1), Bangalore.
At the time of hearing of this appeal, the ld. counsel for the assessee brought to our notice that as against the very same order of the AO, the assessee company had filed appeal before this Tribunal and IT(TP)A No.287/Bang/2016. He also pointed out that in view of the Unilateral Advanced Pricing Arrangement [APA] between the assessee and the CBDT with reference to the TP issues for AY 2011-12, the assessee withdrew its appeal with reference to the grounds challenging the Transfer Pricing [TP] addition. The Tribunal dismissed the appeal of assessee by its order dated 28.02.2020. A copy of the APA has also been filed before us. In this appeal by the revenue, the grounds are with reference to TP issues which have been settled in the APA.
In view of the above, we are of the view that the appeal of the revenue has become infructuous and accordingly the same is dismissed as infructuous.
Pronounced in the open court on this 31st day of August, 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
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