DEPUTY COMMISSIONER OF INCOME-TAX vs. PTC SOFTWARE INDIA PVT. LTD., PUNE

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ITA 513/PUN/2016Status: DisposedITAT Pune15 May 2018AY 2011-122 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 the appeal as the assessee had entered into an APA and filed a modified return of income. The Tribunal allowed the withdrawal of the appeal.

What were the facts?

The Revenue filed an appeal against an order passed under section 144C(13) r.w.s. 143(3) of the Income-tax Act. The assessee subsequently entered into an Advance Pricing Agreement (APA) with the CBDT.

What were the issues?

Whether the appeal filed by the Revenue should be withdrawn due to the assessee entering into an Advance Pricing Agreement and filing a modified return of income.

Which sections of the Income-tax Act were involved?

Section 144C(13),Section 143(3),Section 92CD(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

For Appellant: Shri Rajeev Kumar, CIT
For Respondent: Shri Anil Sharma
Hearing: 15.05.2018Pronounced: 15.05.2018

आदेश / ORDER

PER SUSHMA CHOWLA, JM:

The appeal filed by the Revenue is against the order of DCIT, Circle-4, Pune, dated 25.01.2016 relating to assessment year 2011-12 passed under section 144C(13) r.w.s. 143(3) of the Income-tax Act, 1961 (in short ‘the Act’).

ITA No.513/PUN/2016 2 PTC Software India Pvt. Ltd.

2.

This appeal is filed by the Revenue. The learned Departmental Representative for the Revenue filed a letter dated 25.04.2018 seeking permission to withdraw the captioned appeal as the assessee had entered into unilateral Advance Pricing Agreement (APA) with CBDT on 17.01.2017 and consequently, it had filed modified return of income for all the assessment years as per section 92CD(1) of the Act. In view thereof, the appeal filed by the Revenue is dismissed as withdrawn.

3.

In the result, the appeal of Revenue is dismissed.

Order pronounced in open Court on this 15th day of May, 2018.

Sd/- Sd/- (ANIL CHATURVEDI) (SUSHMA CHOWLA) ऱेखा सदस्य / ACCOUNTANT MEMBER न्याययक सदस्य / JUDICIAL MEMBER ऩुणे / Pune; ददनाांक Dated : 15th May, 2018. GCVSR आदेश की प्रयतलऱपप अग्रेपषत/Copy of the Order is forwarded to : The Appellant; 1. The Respondent; 2. The DIT (Intl. Taxation), Pune; 3. The DRP, Pune; 4. The DR ‘B’, ITAT, Pune; 5. Guard file. 6. आदेशािुसार/ BY ORDER, सत्यापऩत प्रतत //True Copy// वररष्ठ तनजी सचिव / Sr. Private Secretary आयकर अऩीऱीय अचधकरण ,ऩुणे / ITAT, Pune

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