BLASER SWISSLUBE SOLUTIONS PVT. LTD.,GURGAON V. ASSESSMENT UNIT, DELHI

ITA 5896/DEL/2024

AI Insights

The case involved Blaser Swisslube Solutions Pvt. Ltd., the appellant, contesting an order passed by the Assessing Officer (AO) under sections 143(3) r.w.s 144C(13) read with section 144B of the Income Tax Act, 1961 for the Assessment Year 2021-22. The primary contention in the appeal was regarding the transfer pricing adjustments related to the cost of importing finished goods and marketing support services. However, these issues were subsequently addressed in an APA, leading the assessee to request the withdrawal of the appeal. The Income Tax Appellate Tribunal (ITAT) in Delhi allowed the withdrawal, leading to the dismissal of the appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 785789 (ITAT-DELHI)
• Duration Of Justice: 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2021-2022
• Appeal Filed On: 19-12-2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HARPREET KAUR HANSRA
• Assessee Lawyers: PRIYANSH JAIN
• Keywords: Transfer pricing; International transaction
• Section: 143(3)

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘i’ NEW DELHI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.5896/Del/2024 (ASSESSMENT YEAR: 2021-22) Blaser Swisslube Solutions Pvt.Ltd., 1001, 10th Floor, Time Tower, Main M.G.Road, Haryana-122002 PAN:AAICB1062A Vs. Assessment Unit C.R. Building, ITO Delhi. (Appellant) (Respondent) O R D E R PER MANISH AGARWAL, AM: This appeal is filed by the assessee against the order of AO dated 22.10.2024 passed u/s 143(3) r.w.s 144C(13) read with section 144B of the Income Tax Act, 1961 (“the Act” in short) for Assessment Year 2021-22. 2. Before us, Ld.AR submits that in the appeal of the assessee, Ground No.2 taken wherein order passed u/s 143(3).144C(13) r.w.s. 144B of the act is challenged on the grounds of limitation. Ld.AR submits that Revenue has sought adjournment on this ground and therefore, appeal of the assessee is adjourned sine die as the matter is sub-judiced before Hon’ble Supreme Court. Ld.AR submits that assessee has given an undertaking that it will not press Ground No.2, challenging the issue of limitation raised in the appeal memo. Assessee by Shri Priyansh Jain, CA Department by Ms. Harpreet Kaur Hansra, Sr. DR Date of hearing 31.10.2025 Date of pronouncement 31.10.2025 Printed from counselvise.com 2 ITA No.5896/Del/2024 3. Ld.AR further submits that Advance Pricing Agreement (“APA”) have been concluded and signed on 21.02.2025 and all the issues of international transactions i.e. import of finished goods and provision of marketing support services are covered by the said Agreement. Copy of the same is produced before us. It is thus, requested to withdraw the appeal as the issues stand covered by APA. 4. On the other hand, Ld. Sr. DR for the Revenue has not objected to the request made by the assessee. 5. Heard the contentions of both the parties and perused the material available on record. From the perusal of grounds taken by the assessee, we find that assessee has challenged the transfer pricing adjustment towards the cost of import of finished goods and marketing support services. From the perusal of para 3 of APA, it is seen that this agreement covered following three transactions:- (i) Import of finished goods; (ii) Provision of marketing support services; and (iii) Reimbursement of services. 6. Since all the three issues agitated by the assessee in the present appeal, have already been settled in APA therefore, we allow the request of the assessee for withdrawal of the appeal. Accordingly, appeal of the assessee is dismissed as withdrawn. 7. In the result, the appeal of the assessee is dismissed. Order pronounced in the open Court on 31.10.2025. Sd/- Sd/- Sd/- Sd/- (MAHAVIR SINGH) (MANISH AGARWAL) VICE PRESIDENT ACCOUNTANT MEMBER Printed from counselvise.com 3 ITA No.5896/Del/2024 Dated: 31.10.2025. *Amit Kumar, Sr. Ps* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR 6. Guard File Asst. Registrar, ITAT, New Delhi Printed from counselvise.com "