What did the Tribunal hold?

The Tribunal set aside the CIT(A)'s order and restored the matter to the AO. The AO was directed to adopt the income as per MAP settlement if one existed, otherwise, to adopt the income as per the assessment order.

The assessee claimed that the issues for assessment years 2006-07 and 2007-08 were settled under the Mutual Agreement Procedure (MAP). However, no evidence was provided to support this claim.

What were the issues?

Whether the issues were settled under the Mutual Agreement Procedure (MAP) and the validity of the assessment order in the absence of MAP settlement.

M/S. Information Business… vs ACIT | ITAT Bangalore 2016

Income Tax Appellate Tribunal, BANGALORE BENCH ‘B’, BANGALORE

Before: SHRI A.K.GARODIA, ACCOUNANT MEMBER & SMT. ASHA VIJAYARAGHAVAN

For Respondent: Shri AR V. Sreenivasan, JCIT, Shri P.K.Prasad & Shri Umashankar Gautam, CA

PER A. K. GARODIA, A. M.:-

Out of this bunch of three appeals, there are two appeals of the assessee for A. Y. 2006 – 07 & 2007 – 08 and remaining one appeal is filed by the revenue for the assessment year: 2007-08.

2 IT(TP)A Nos.660 & 661(B)/2012 & 1370(B)/2010

At the very outset, it was submitted by the ld. AR of the assessee that in both these assessment years, issue has gone under MAP and therefore, these appeals of the assessee and revenue are liable to be dismissed.

In reply, it was submitted by the ld. DR of the revenue that the matter may be restored back to the file of the AO to examine this aspect as to whether the issue has been settled as per MAP or not and if the same has been settled as per MAP then, nothing has to be done but if no settlement has taken place in the MAP then income of the assessee should be adopted as per the assessment order in both these years.

We have considered the rival submissions. We find that it was the claim of the assessee before us that in both the years, the entire issue has been settled as per MAP but no evidence in this regard is placed before us. Hence, we set aside the order of the ld. CIT(A) in both the years and restore the entire matter back to the file of the AO with a direction that if any settlement has been taken place under MAP then, the income as per that settlement should be adopted but if no settlement has taken place in any one or both of these years then the income as per assessment order should be adopted because ld. AR of the assessee had not made any argument before us to adopt any different figure lower than the income assessed as per the assessment order.

3 IT(TP)A Nos.660 & 661(B)/2012 & 1370(B)/2010

In the result, both the appeals of the assessee are dismissed and one appeal of the revenue stands allowed for statistical purposes.

Order pronounced in the open court on the date mentioned on the caption page.

Sd/- Sd/- (ASHA VIJAYARAGHAVAN) (A.K. GARODIA) JUDICAL MEMBER ACCOUNTANT MEMBER Bangalore: D a t e d : 08.09.2016 am*

Copy to : 1 Appellant 2 Respondent 3 CIT(A)-II Bangalore 4 CIT 5 DR, ITAT, Bangalore. 6 Guard file

By order, AR, ITAT, Bangalore

4 IT(TP)A Nos.660 & 661(B)/2012 & 1370(B)/2010

ौुतलेख क� तार�ख……………………………………………………………………… DATE OF DICTATION………………………………………………………………………

2.तार�ख, �जस पर टाइप �कया हुआ मसौदे, संबंिधत सदःय के सामने रखा गया ह� DATE ON WHICH TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER………………………………………………………………………………………..

3. तार�ख �जस पर अनुमो�दत मसौदे व.िनजी सिचव/िनजी सिचव के पास वापस आए DATE ON WHICH THE APPROVED DRAFT COMES TO THE PS/Sr.PS……………….

4. घोषणा के िलए आदेश संबंिधत सदःय के सामने रखने क� ितिथ DATE ON WHICH THE ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT………………………………………………………………………………

5. आदेश िन.सिचव/व.िन.सिचव के पास वापस आने क� ितिथ DATE ON WHICH THE ORDER COMES BACK TO THE PS/Sr.PS……………………..

6 आदेश अपलोड करने क� ितिथ DATE OF UPLOADING THE ORDER ON WEBSITE………………………………………….. 7. अगर अपलोड नह�ं �कया तो, उसका कारण IF NOT UPLOADED, FURNISH THE REASON FOR DOING SO…………………………. 8. ब�च िल�पक के पास फाइल जाने क� ितिथ DATE ON WHICH THE FILE GOES TO THE BENCH CLERK……………………………….. 9. आदेश ज़ेरो�स/पृ�ांकन के िलए भेजने क� ितिथ DATE ON WHICH ORDER GOES FOR XEROX &ENDORSEMENT……………………… 10. फाइल मु�य िल�पक के पास जाने क� ितिथ DATE ON WHICH THE FILE GOES TO THE HEAD CLERK………………………………… 11. आदेश पर हःता�र के िलए फाइल सहायक र�जःशार के पास जाने क� ितिथ THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER………………………………………………………………………….

12.

अिधकरण आदेश के ूेषण के िलए फाइल ूेषण �वभाग म� जाने क� ितिथ THE DATE ON WHICH THE FILE GOES TO DESPATCH SECTION FOR DESPATCH OF THE TRIBUNAL ORDER……………………………………………………………………………

13.

आदेश क� ूेषण क� ितिथ DATE OF DESPATCH OF ORDER…………………………………………………………………….

M/S. INFORMATION BUSINESS SOLUTIONS PVT. LTD.,BANGALORE vs. ACIT, BANGALORE

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments