MCKINSEY & COMPANY INC. UNITED STATES, MUMBAI V. JDIT (IT) 4, MUMBAI

ITA 1598/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4258 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-04-2016
• Appeal Filed By: Assessee
• Bench Allotted: L
• Next Hearing Date: 11-04-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 07-03-2014
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL L BENCH, MUM BAI BEFORE SHRI MAHAVIR SINGH, JM & SHRI RAMIT KOCHAR, AM ITA NO. 1598/MUM/2014 (ASSESSMENT YEAR: 2009-10) MCKINSEY & COMPANY, INC. UNITED STATES APPELLANT C/O S R B C & ASSOCIATES LLP 14 TH FLOOR, THE RUBY, SENAPATI BAPAT MARG, DADAR (W), MUMBAI-400028 (PAN:AAACM7219C) VS. JOINT DIRECTOR OF INCOME-TAX, (INTERNATIONAL TAXATION-4), MUMBAI, RESPONDENT SCINDIA HOUSE, BALLARD ESTATE, MUMBAI -400038 APPELLANT BY: MS. CHESHTA MOOLCHANDANI RESPONDENT BY: SHRI JASBIR CHOUHAN, CIT, DR DATE OF HEARING : 11.04.2016 DATE OF PRONOUNCEMENT : 11.04.2016 O R D E R PER MAHAVIR SINGH, JM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF DRP-1, MUMBAI VIDE OBJECTION NO. 133 DATED 17.12.2013. TH E ASSESSMENT WAS FRAMED BY JT. DIT (IT), RANGE-4, MUMBAI U/S. 143(3) R.W.S. 144C(13) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO A S THE ACT) FOR AY 2009-10 VIDE HIS ORDER DATED 10.01.2014. 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE FILED A LETTER DATED 11.04.2016 STATING AS UNDER: IN THIS CONNECTION, AS SUBMITTED EARLIER, WE WISH TO STATE THAT THE APPELLANT HAD FILED AN APPLICATION UNDER THE PROVIS IONS OF ARTICLE 27 (MUTUAL AGREEMENT PROCEDURE) OF THE DOUBLE TAXATION AVOIDANCE AGREEMENT BETWEEN INDIA AND UNITED STATES OF AMERIC A (INDIA-US TAX TREATY) IN RESPECT OF THE ADJUSTMENTS MADE BY THE ASSESSING OFFICER IN 2 ITA NO. 1598/MUM/2014 MCKINSEY & CO.,INC. US ASST. YEAR: 2009-10 THE ABOVE MENTIONED FINAL ASSESSMENT ORDER FOR ASST . YEAR 2009-10. IT IS FURTHER SUBMITTED THAT THE COMPETENT AUTHORITIES OF INDIA AND US HAVE RESOLVED THE CASE UNDER THE PROVISIONS OF ARTICLE 2 7 OF THE INDIA US TAX TREATY. IN THIS CONTEXT, THE APPELLANT HAS RECEIVE D AN INTIMATION ALONG WITH THE CLOSING LETTER ISSUED BY THE COMPETENT AUT HORITIES OF INDIA, FROM THE DEPUTY COMMISSIONER OF INCOME-TAX (INTERNATIONA L TAXATION), RANGE 3(2)(1)[DCIT-3(2)(1)]. IN THIS REGARD, UNDER THE INSTRUCTIONS OF AND ON BE HALF OF THE APPELLANT, WE WISH TO INFORM YOUR HONORS THAT THE APPELLANT HA S ACCEPTED THE RESOLUTION ARRIVED BY THE COMPETENT AUTHORITIES OF INDIA AND US. ACCORDINGLY, THE APPELLANT WISHES TO WITHDRAW THE S UBJECT APPEAL FILED BEFORE THE HONORABLE INCOME-TAX APPELLANT TRIBUNAL FOR ASST. YEAR 2009- 10. 3. IN VIEW OF THE ABOVE, LD. COUNSEL FOR THE ASSESSEE REQUESTED FOR WITHDRAWAL OF THE APPEAL. ON QUERY FROM THE BENCH, LD. CIT, DR STATED THAT HE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPE AL. ACCORDINGLY, WE PERMIT THE WITHDRAWAL AND THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL FILED BY ASSESSEE IS DISMISSE D AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (RAMIT KOCHAR) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 11TH APRIL, 2016 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. DRP-1, MUMBAI 4. JDIT,(IT)-4, MUMBAI 5. DR, L BENCH ITAT, MUMBAI 6. GUARD FILE. BY ORDER //TRUE COPY// (ASSTT. REGISTRAR) ITAT, MUMBAI J.D. SR. P.S.