Commissioner of Income Tax III v. M/S Nds Services Pay
Case brief
What is this about?
Karnataka High Court (S.G. Pandit J., author; with K.V. Aravind J.) disposed of ITA No. 346 of 2013, Revenue's appeal under Section 260-A of the I.T. Act, 1961 against the ITAT 'B' Bench, Bangalore order dated 28/02/2013 in IT(TP)A No.1089/BANG/2011 concerning transfer pricing adjustment against NDS Services Pay TV Technology Pvt. Ltd. Earlier judgment dated 11.07.2018 was set aside pathway via Supreme Court Civil Appeal No.8463/2022, remanded by order dated 19.04.2023. On remand, dispute recorded as settled through MAP under the India-UK Double Taxation Avoidance Agreement (memo dated 22.08.2024); consequential Addl. CIT order dated 09.01.2014 (Annexure-R3) not disputed by Revenue; appeal held not to survive and disposed of. No precedent cited or engaged; no quantum awarded.
What did the court decide?
In view of the subsequent development, namely settlement of the transfer pricing issue under MAP and the consequential order dated 09.01.2014 (Annexure-R3) not disputed by Revenue, the appeal would not survive for consideration and stands disposed of accordingly.