DY.C.I.T., BANGALORE vs. M/S CISCO SYSTEMS SERVICES B.V. INDIAN BRANCH, BANGALORE

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ITA 359/BANG/2015Status: DisposedITAT Bangalore22 March 2019AY 2010-112 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The revenue sought to withdraw its appeal during the hearing. The Tribunal permitted the revenue to withdraw its appeal.

What were the facts?

The revenue filed an appeal against the DRP's order concerning the assessment year 2010-11. The revenue's grounds of appeal primarily challenged the DRP's direction to follow a High Court decision for Section 10A deduction, despite a pending SLP.

What were the issues?

Whether the revenue's appeal should be withdrawn due to low tax effect, and if so, whether the DRP's direction regarding Section 10A deduction should be upheld.

Which sections of the Income-tax Act were involved?

Section 10A

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SHRI ARUN KUMAR GARODIA & SHRI LALIET KUMAR

For Appellant: Ms. Neera Malhotra, CIT (DR)
For Respondent: Shri Chavali Narayan, CA
Hearing: 18.03.2019Pronounced: 22.03.2019

IT(IT)A No.359/Bang/2015 Assessment Year : 2010-11 M/s. Cisco Systems Services B V India Branch, The Deputy Commissioner Divyashree Chambers, of Income-tax (International B Wing, No. 11, O’ Taxation), vs. Shaugnessy Road, Circle 1 (1), Off Langford Road, Bangalore. Bangalore – 560 025. PAN: AACCC4836D APPELLANT RESPONDENT Appellant by : Ms. Neera Malhotra, CIT (DR) Respondent by : Shri Chavali Narayan, CA Date of hearing : 18.03.2019 Date of Pronouncement : 22.03.2019 O R D E R

Per Shri A.K. Garodia, Accountant Member

1.

This appeal is filed by the revenue and the same is directed against the assessment order passed by the AO on 30.01.2015 u/s. 143(3) r.w.s. 144C of IT Act, 1961 for Assessment Year 2010-11 as per the directions of DRP.

2.

The grounds raised

by the revenue are as under. “1. The order of the learned DRP is opposed to law and facts of the case.

2. The learned DRP was not justified in directing the A.O. to follow the decision of the Hon’ble High Court in the case of CIT vs Tata Elxsi and others in the consolidated order dated 30.08.2011 in & others (2012) 247 CTR 334 while computing the deduction u/s 10A.

3. The learned DRP erred in allowing the relief, relying on the decision of the Hon’ble High Court in the case of CIT vs Tata Elxsi and others in the consolidated order dated 30.08.2011 in ITA No. 70/2009 & others (2012) 247 CTR 334, while the same has not been accepted by the department and a SLP has been filed before the Hon’ble Supreme Court against such order is pending.

IT (IT) A No.359/Bang/2015 Page 2 of 2 4. The Ld. DRP is erred in excluding the comparable while the comparable is qualifying all the qualitative and quantitative filters applied by the TPO.

5. For these and such other grounds that may be urged at the time of hearing, it is humbly prayed that the order of the learned DRP be annulled and that of the Assessing Officer be restored.

6.

The appellant craves leave to add, alter, amend or delete any of the grounds that may be urged at the time of hearing of the appeal.”

3.

At the very outset, it was submitted by ld. DR of revenue that in this appeal of revenue, the tax effect is below Rs. 20 Lakhs and because of that, this appeal is being withdrawn. She submitted a letter F.No. DCIT/Intl.Taxn. /2015-16 dated 17.02.2016 written by the AO i.e. DCIT, Circle – 1 (1), International Taxation, Bangalore in this regard. The ld. DR of revenue supported the direction of DRP in this regard.

4.

We have considered the rival submissions. We permit the revenue to withdraw its appeal. Accordingly the appeal of the revenue is dismissed as withdrawn.

5.

In the result, the appeal filed by the revenue is dismissed. Order pronounced in the open court on the date mentioned on the caption page.

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