2025 (6) TMI 824

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.... - HC (Judgement / Order / Decisions)<br>Dated:- 6-3-2025<br>ITA 131/2021, 246/2023, 290/2023, 390/2023, 436/2023, 506/2023, 57/2024, 58/2024, 115/2024, 116/2024, ITA 438/2024 & CM APPL. 46641/2024 (EX. LIST OF DATES & SYNOPSIS), ITA 539/2024 - -<br>Income Tax<br>Hon&#39;ble Mr. Justice Yashwant Varma And Hon&#39;ble Mr. Justice Harish Vaidyanathan Shankar For the Appellant : Mr. Ajay Vohra, Sr. Adv. with Dr. Shashwat Bajpai, Mr. Ravi Sharma, Mr. Sarthak Tripathi and Ms. Simran Madhyan, Advs And Others For the Respondent : Mr. Sunil Aggarwal, Sr.SC with Mr. Shivansh B. Pandya and Mr. Viplav Acharya, Ms. Priya Sarkar, JSCs and Mr. Utkarsh Tiwari, Adv. And Others ORDER 1. The appellant assessee seeks to impugn the order dated 27 ....

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.... in the AYs in question. Before us, it is not disputed that the Tribunal has essentially followed the view that it had expressed for AYs 2006-07 and 2008-09. 3. We are however apprised of a Mutual Agreement Procedure (MAP) determination which was subsequently commenced and which culminated in the passing of a resolution which stands embodied the communication dated 01 February 2018. The aforesaid communication as well as the MAP determination is extracted hereinbelow: - "Office of the Deputy Commissioner of Income Tax Circle- 1(1)(1), International Taxation Wing E-2, 4th Floor, Room No. 409, Civic Centre, New Delhi - 110002 F. No . DCIT/lnt.Tax/Cir 1(1)(1)/2017-18/731&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp....

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....sed letter and submit confirmation of withdrawal of pending appeals, if any, along with documentary proof to the undersigned at the earliest. (Indu Bala) Deputy Commissioner of Income-Tax Circle -1(1)(1), International Taxation, New Delhi" F.No. 480/7 /2013-FTD.I Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes Office of the Competent Authority of India ......... Name of the US Competent Authority Mr. Douglas W. O'Donnell United States Competent Authority Department of the Treasury, Internal Revenue Service, 1111 Constitution Avenue, NW Washington DC 20224, USA Name of the Taxpayer Convergys US &nbsp; Convergys India Services Private Limited (CIS) ....

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....eed or admitted that it, or its US subsidiaries, has a PE in India either. Solely for the purposes of settling multiple years of disputes, the competent authorities of both the countries agree with the following attribution of profits as shown in table below:- Profit Attribution Assessment Year Income of Convergys US taxable in India (amount in Rs.) 2002-03 Rs.846,595 2003-04 Rs.17,809,392 2004-05 Rs.24,654,150 2006-07 Rs.8,380,836 2007-08 Rs.17,901,805 2008-09 (Rs.86,625,846) 2009-10 (Rs.205,978,325) 2010-11 (Rs.73,594,067 2011-12 (Rs.106,479,780) 2012-13 (Rs.140,556,407) In addition, for AY 2006-07, Rs.6,817,878 will be included in the taxable income of Co....