BASELL POLYOLEFINS INDIA P. LTD, POWAI V. ASST CIT 15(1)(2), MUMBAI

ITA 138/MUM/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5704 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2013-2014
• Appeal Filed On: 05-01-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A H ANSARI DRS
• Keywords: Transfer pricing
• Section: 143(3); 144C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL K, BENCH MUM BAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBE R ITA NO.138/MUM/2018 ( ASSESSMENT YEAR: 2013-14 ) BASELL POLYOLEFINS INDIA PRIVATE LIMITED 303/305, DELPHI B WING HIRANANDINI BUSINESS PARK HIRANANDANI GARDENS POWAI, MUMBAI-400 076 VS. ACIT-15(1)(2) ROOM NO.483A, AAYKAR BHAWAN M.K.ROAD MUMBAI-400 020 PAN/GIR NO. AACCB5368D APPELLANT ) .. RESPONDENT ) ASSESSEE BY SHRI MADHUR AGARWAL REVENUE BY SHRI ANAND MOHAN & SHRI A.H. ANSARI, DRS DATE OF HEARING 30/01/2020 DATE OF PRONOUNCEME NT 12 /0 2 /2020 / O R D E R PER G.MANJUNATHA (A.M) : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST FINAL ASSESSMENT ORDER PASSED BY THE LD. AO U/S 143(3) R. W.S. 144C(13) OF THE ACT, 1961, PURSUANT TO DIRECTIONS OF THE LD. DISPUTE RESOLUTION PANEL (DRP)-1, MUMBAI U/S 144C(5) OF THE I.T.ACT, 1 961 FOR THE AY 2013-14. 2. THE LD. AR FOR THE ASSESSEE, AT THE TIME OF HEAR ING FILED A LETTER, DATED 30/01/2020 AND SUBMITTED THAT THE ASS ESSEE WANTS TO WITHDRAW APPEAL FILED FOR THE YEAR, BECAUSE THERE I S NO SURVIVING TRANSFER PRICING ADJUSTMENT OR ANY OTHER ADDITIONS/ DISALLOWANCES IN THE FINAL ASSESSMENT ORDER PASSED U/S 143(3) AFTER GIVING EFFECT TO DRP DIRECTIONS U/S 144C OF THE ACT. THE LD. AR FURT HER SUBMITTED ITA NO.138/MUM/2018 BASELL POLYOLEFINS INDIA PVT.LTD. 2 THAT, SIMILAR ISSUES INVOLVED IN OTHER YEARS AND TH EREFORE, THE ASSESSEE WISH TO KEEP THE DISPUTED ISSUES OPEN FOR ADJUDICATION, IF NECESSARY AT APPROPRIATE TIME. THE LD. DR PRESENT FOR THE REVENUE HAS NOT OPPOSED APPLICATION FILED BY THE ASSESEE FO R WITHDRAWAL OF APPEAL. 3. HAVING HEARD BOTH THE PARTIES, AND CONSIDERED L ETTER FILED BY THE ASSESSEE, WE DISMISS APPEAL FILED BY THE ASSESE E AS WITHDRAWN, BUT KEEP THE DISPUTED ISSUES OPEN FOR THE ASSESSEE TO CHALLENGE AT APPROPRIATE TIMES. 4. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 12 /02 /2020 SD/- (SAKTIJIT DEY) SD/- (G. MANJUNATHA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 12/02/2020 THIRUMALESH SR.PS COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//