DCIT, NEW DELHI vs. M/S BT GLOBAL COMMUNICATION INDIA P LTD., MUMBAI

This appeal by the Revenue and cross objection by the assessee are preferred against the order dated 21.12.2015 framed u/s 143(3) r.w.s 144C(3) of the Income-tax Act, 1961 [hereinafter referred to as 'the Act]' pertaining to A.Y 2011-12. Both the appeal and cross objections were heard together and are being disposed of by this common order for the sake of convenience and brevity.

The solitary grievance raised by the Revenue is that the DRP erred in deleting the adjustment made on protective basis amounting to Rs. 93,81,11,053/-.

At the very outset, the ld. AR submitted the Resolution of Dispute under MAP with the United Kingdom in the case the assessee. The ld. AR also furnished a copy of the order giving effect to the resolution passed by the competent United Kingdom Tax Communication.

We have carefully considered the Resolution of Dispute and the order giving effect to the resolution passed by the competent United Kingdom Tax Communication.

As per the resolution of dispute under MAP with United Kingdom dated 29.01.2019, it has been resolved that for AY 2011-12, protective adjustment made by the TPO would be withdrawn in toto, i.e, there will not be any adjustment in A.Y 2011-12 on protective basis. The Addl. CIT, Special Range – 2, New Delhi vide order dated 27.04.2018, gave effect to the resolution passed by the competent United Kingdom Tax Communication under MAP and accordingly, modified the order framed u/s 143(3) r.w.s. 144C of the Act, thereby determining total assessed income after MAP at NIL.

Considering the aforesaid order, appeal of the Revenue is dismissed as having become infructuous.

In the result, the appeal of the Revenue in CO No. 152/DEL/2016 are dismissed.