DCIT, NEW DELHI vs. M/S. ROLLS-ROYCE PLC, GURGAON

ORDER PER SHRI BHAVNESH SAINI, J.M.

This appeal by Revenue has been directed against the order of DCIT, Circle 3(1)(1), International Taxation, New Delhi dated 19.10.2015 u/s 143(3)/144C(13) of the Income Tax Act passed in pursuance to the directions of DRP-2, New Delhi dated 21.09.2015 on the following grounds:

(i) “Whether on the facts and in the circumstances of the case, the Hon’ble Dispute Resolution Panel (DRP) has erred in directing the Assessing Officer to attribute 35% of the profits to PE in India against the attribution of 75% of the profits done by the AO and in not following the precedent laid down by the Dispute Resolution Panel (DRP) in assessment years 2007-08, 2009-10 & 2010-11 and by the Ld. CIT(A) for the assessment years 2001-02, 2004-05 & 2005-06 when the facts of the AY 2011-12 are similar to the facts of earlier assessment years and in applying the decision of the Hon’ble Tribunal for the assessment years 1997-98 to 2000-01 & 2002-03 to 2003-04 when the facts of these assessment years are different from the facts of AY 2011-12. (ii) Whether on the facts and in the circumstances of the case, the DRP has erred in ignoring the fact that the assessments for the given AY 2011-12, as well as for the AYs 2007-08, 2009-10 & 2010-11 were framed on the basis of specific information gathered during the course of survey proceedings at the premises of the assessee, and the fact that the assessee has not made out a case for any change in its activities from those discovered during the survey proceedings? (iii) The appellant prays for leave to add, amend, modify or alter any grounds of appeal at the time or before the hearing of the appeal.”

2. Ld. Counsel for the assessee at the outset, submitted that after passing of the impugned assessment order, the AO passed the order u/s 90/143(3) of the Act dated 06.07.2018 because the assessee preferred an application under MAP before the Competent Authority. The competent authorities of UK & India have arrived at the resolution with respect to the assessee u/s 90 of the Act read with Article 27 of India UK DTAA. Copy of the resolution of the Competent Authority dated 03.05.2018 is placed on record. The copy of the assessment order dated 06.07.2018 is also placed on record. Ld. Counsel for the assessee, therefore, submitted that since the matter is settled in MAP, therefore, departmental appeal stands infructuous, copy of the above orders are provided to the Ld. DR. Ld. DR did not dispute the same.

Order pronounced in the open court.