Income Tax Appellate Tribunal - Bangalore
M/S Novozymes South Asia Private ... vs Dcit, Bangalore on 1 May, 2019
IN THE INCOME TAX APPELLATE TRIBUNAL
"A" BENCH : BANGALORE
BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER
AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER
IT(TP)A No.1323/Bang/2015
Assessment year : 2009-10
M/s. Novozymes South Asia Vs. The Deputy Commissioner of
Private Limited, Income Tax,
Plot No.32, 47-52, Survey No.154, Circle 5(1)(1),
EPIP Industrial Area, Whitefield, Bangalore.
Bangalore - 560 066.
PAN: AAACN 7030Q
APPELLANT RESPONDENT
IT(TP)A No.178/Bang/2014
Assessment year : 2009-10
The Deputy Commissioner of Vs. M/s. Novozymes South Asia
Income Tax, Private Limited,
Circle 5(1)(1), Bangalore - 560 066.
Bangalore. PAN: AAACN 7030Q
APPELLANT RESPONDENT
Assessee by : Shri Suryanarayana, Advocate
Revenue by : Shri C.H. Sundar Rao, CIT(DR-I), ITAT, Bangalore.
Date of hearing : 01.05.2019
Date of Pronouncement : 01.05.2019
IT(TP)A Nos.1323/Bang/2015
& 178/Bang/2014
Page 2 of 3
ORDER
Per Bench These cross appeals are directed against the order dated 10.08.2015 passed by Ld. CIT(A)-5, Bengaluru and they relate to the assessment year 2009-10.
2. The Ld. A.R submitted that the assessee has moved two petitions stating therein that the assessee has invoked the Mutual Agreement Procedure (MAP) before the competent authorities of India and Denmark. It is further stated that a resolution has been reached between the competent authorities of both the countries. Accordingly, the Ld. A.R submitted that the assessee seeks to withdraw its appeal. The Ld. A.R also made necessary endorsement in the Grounds of appeal filed by the assessee.
3. The Ld. A.R further submitted that the appeal filed by the revenue shall become infructuous, as the issues contested by the revenue are also covered by the MAP and they have been decided against the assessee.
4. The Ld. D.R did not object to the withdrawal of appeal filed by the assessee. He further submitted that the appeal filed by the revenue should be treated as allowed in view of the MAP agreement.
5. We have heard rival submissions and perused the record. Since the assessee seeks to withdraw its appeal and since the Ld. D.R did not object to the same, we allow the assessee to withdraw the appeal. Though the Ld. A.R has stated that the issues contested by the revenue in its appeal have also been covered by the MAP agreement and hence the appeal of the revenue shall become infructuous., yet the Ld. CIT(DR) could not IT(TP)A Nos.1323/Bang/2015 & 178/Bang/2014 Page 3 of 3 confirm the same as he did not have in his immediate possession the details of MAP resolution. Hence for the limited purpose of verifying the MAP resolution vis-a-vis the issues contested by the revenue, we restore all the issues contested by the revenue to the file of the AO.
6. In the result, the appeal of the assessee is dismissed and the appeal of the revenue is treated as allowed for statistical purposes.
Pronounced in the open court on this 01st day of May, 2019.
Sd/- Sd/-
(PAVAN KUMAR GADALE) ( B.R. BASKARAN )
JUDICIAL MEMBER ACCOUNTANT MEMBER
Bangalore,
Dated, the 01st May, 2019.
/ Desai Smurthy /
Copy to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR, ITAT, Bangalore.
6. Guard file
By order
Assistant Registrar,
ITAT, Bangalore.