DIVERSEY INDIA HYGIENE PVT. LTD.(DIVERSEY INDIA PVT. LTD. MERGED WITH SEALED AIR (INDIA) P.LTD. AND LATER SEALED AIR (INDIA) PVY. LTD'S NAME CHANGED TO DIVERSEY INDIA HYGIENE P. LTD.), MUMBAI V. DCIT , CIRCLE 11(2)(1), MUMBAI

ITA 1356/MUM/2019

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8536 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 8 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2014-2015
• Appeal Filed On: 06-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: HARSHAVARDHANBAPAT
• Keywords: Transfer pricing
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “K” MUMBAI BEFORE SHRI C.N. PRASAD (JUDICIAL MEMBER) AND SHRI S. RIFAUR RAHMAN (ACCOUNTANT MEMBER) ITA No. 1356/MUM/2019 Assessment Year: 2014-15 Diversey India Hygiene Private Limited, 501, 5 th floor, Ackruti Centre Point, MIDC Central Road, Andheri (East), Mumbai-400093. Vs. Deputy Commissioner of Income Tax, Circle 11(2)(1), Room No. 417, 4 th floor, Aayakar Bhavan, M.K. Road, Mumbai-400020. PAN No. AAACJ 9744 R AppellantRespondent Assessee by:Mr. HarshavardhanBapat, AR Revenue by:Mr. Kiran Unavekar, DR D at e o f H e a r i n g:11/11/2021 D a t e o f p r o n o u n c e m e n t:15/11/2021 ORDER PER S. RIFAUR RAHMAN, A.M. The present appeal is filed by the assessee against the order of the Dispute Resolution Panel-2, Mumbai [in short ‘DRP’] for the assessment year 2014-15 and arises out of assessment completed u/s 143(3) r.w.s. 144C(1) of the Income Tax Act, 1961 (in short the Act). 2.At the time of hearing, the Ld. AR of the assessee submitted that the assessee has entered into an Advance Pricing Agreement (‘APA’) with the Central Board of Direct Taxes (‘CBDT’) on 19 th March 2019 which covers the impugned assessment year i.e. assessment year 2014-15. He submitted that the Diversey India Hygiene Pvt. Ltd. ITA No. 1356/M/2019 2 grounds raised by the assessee in this appeal in which assessee has raised grounds involving only transfer pricing issues. He submitted that since the issue involved in the grounds of appeal is already covered in APA, the assessee is like to withdraw the appeal filed before ITAT and filed application withdrawal before ITAT dated 09 th November 2021. 3.Considering the above facts on record and also Ld. DR has no grievance on withdrawal of the appeal by the assessee. We are inclined to allow the assessee to withdraw the appeal. 4.In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on 15/11/2021. Sd/-Sd/- (C.N. PRASAD)(S. RIFAUR RAHMAN) JUDICIAL MEMBERACCOUNTANT MEMBER Mumbai; Dated:15/11/2021 Rahul Sharma, Sr. P.S. Copy of the Order forwarded to : 1.The Appellant 2.The Respondent. 3.The CIT(A)- 4.CIT 5.DR, ITAT, Mumbai 6.Guard file. BY ORDER, //True Copy// (Dy./Assistant Registrar) ITAT, Mumbai