M/s. Dream Plast India Pvt.Ltd, Pune V. Pr. Commissioner of Income-tax -5, Pune

ITA 1445/PUN/2018

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 4652 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 6 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-04-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 13-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Transfer pricing
• Section: 263; 92CA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, ‘B’ PUNE BEFORE SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER AND SHRI DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.1445/PUN/2018 िनधाᭅरण वषᭅ / Assessment Year : 2015-16 M/s. Dream Plast India Pvt. Ltd., Gat No.147, Mahalunge, Chakan, Talegaon Road, Pune- 410501. PAN: AADCD2862K Vs. PCIT-5, Pune. Appellant Respondent आदेश / ORDER PER DR. DIPAK P. RIPOTE, AM : This appeal is against Pr. Commissioner of Income Tax-5, Pune’s order dated 11.07.2018 for assessment year 2015-16. 2. When the matter had come up for hearing, the appellant company filed a letter dated 25.03.2022 seeking permission to withdraw the above captioned appeal. The relevant contents of the said letter dated 25.03.2022 are reproduced hereunder :- “This is with reference to the captioned appeal filed by Dream Plast with the Hon’ble Income Tax Appellate Tribunal (‘Hon’ble ITAT’) in respect of AY 2015-16 on 14 September 2018 (enclosed as Annexure 1). The Appellant had filed the captioned appeal before the Hon’ble ITAT against the order passed by Principal Commissioner of Income-Tax-5 under section 263 of the Income Tax Act, 1961 (‘the Act’) directing to complete the assessment afresh after referring the case to learned Transfer Pricing Office (‘Ld. TPO’). In this regard, the Appellant would like to mention that the proceedings before the Ld. TPO for AY 2015-16 have been completed (enclosed is the order u/s 92CA of the Act as Annexure 2). Since the order has been disposed off by the Ld. TPO without making any adjustment to the total income of the Appellant, the Appellant no longer wishes to prefer an appeal before the Hon’ble ITAT which is listed for hearing on 11 April 2022 (enclosed is the notice of hearing as Annexure 3). In view of the above, we request your goodself to take the above on record and accede to our request. We shall be pleased to provide you with any further information/ clarification that you may require in this regard.” Assessee by None Revenue by Shri Anurag Shivastava Date of hearing 11-04-2022 Date of pronouncement 12-04-2022 ITA No.1445/PUN/2018 2 3. Considering the written submission of the assessee and ld. Sr. DR’s no objection for withdrawal of the present appeal, we hereby grant permission to the assessee to withdraw the present appeal. Accordingly, the above captioned appeal stands dismissed as ‘withdrawn’. 4. In the result, the appeal filed by the assessee stands dismissed as ‘withdrawn’. Order pronounced in the Open Court on 12 th April, 2022. Sd/- Sd/- (S.S. VISWANETHRA RAVI) (DR. DIPAK P. RIPOTE) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे Pune; िदनांक Dated : 12 th April, 2022 Sujeet आदेश की Ůितिलिप अŤेिषत/Copy of the Order is forwarded to: 1. अपीलाथŎ / The Appellant; 2. ŮȑथŎ / The Respondent; 3. 4. 5. The Pr.CIT-5, Pune; DR, ITAT, ‘B’ Bench, Pune; गाडŊ फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune