What did the Tribunal hold?

The Tribunal noted that the assessment year in question was indeed covered by the Advance Pricing Agreement. Consequently, the appeal filed by the Revenue was rendered infructuous.

The Revenue filed an appeal against the directions of the Dispute Resolution Panel for AY 2011-12. The assessee submitted that the assessment year was covered by an Advance Pricing Agreement (APA). The Revenue's counsel agreed with this submission.

What were the issues?

Whether the appeal filed by the Revenue survives when the assessment year is covered by an Advance Pricing Agreement.

DCIT vs M/S Mentor Graphics (India) Pvt… | ITAT Delhi 2018

Before: SHRI H.S. SIDHU & SHRI PRASHANT MAHARISHI

For Appellant: SHRI HIMANSHU SINHA, ADVOCATE

This appeal filed by the Revenue against the directions dated 15.10.2015 of the Ld. Dispute Resolution Panel-2, New Delhi pertaining to assessment year 2011-12.

During the course of hearing, Ld. Counsel for the Assessee, Sh. Himanshu Sinha, Advocate filed a letter dated 08.08.2017 which covers the Rollback Years of Advance Pricing Agreement. Therefore, he submitted that now this Appeal of the Revenue does not survive.

Ld. CIT(DR), Sh. H.K. Choudhary also perused the Advance Pricing Agreement and agreed with the above fact.

We have carefully considered the rival contentions and also perused the letter dated 08.8.2017 filed by the Ld. Counsel for the Assessee alongwith the copy of the Advance Pricing Agreement. We note that as per para 2 of the Advance Pricing Agreement the Page 1 of 3 impugned assessment year i.e. AY 2011-12 is covered in the said Agreement. In view of this, the Appeal of the Revenue does not survive, hence, the same is dismissed.

DCIT, NEW DELHI vs. M/S MENTOR GRAPHICS (INDIA) PVT. LTD., NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

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