BT GLOBAL COMMUNICATIONS INDIA P.LTD, MUMBAI V. ASST CIT CIR 9(2)(1), MUMBAI

ITA 1770/MUM/2015

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 7253 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: K
• Assessment Year: 2010-2011
• Appeal Filed On: 26-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAURABH DESH
• Keywords: Transfer pricing; Double taxation relief
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI RAJESH KUMAR , ACCOUNTANT MEMBER ITA NO. 1770/MUM./2015 ( ASSESSMENT YEAR : 20 10 11 ) BT GLOBAL COMMUNICATIONS INDIA PVT. LTD. , 502, 5 TH FLOOR RAJEHA TITAMIUM, WESTERN EXPRESS HIGHWAY, MUMBAI 400 063 PAN AAACG1534A . APPELLANT V/S ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 9(2)(1), MUMBAI . RESPONDENT ASSESSEE BY : MS. JASMIN AMALSADVALA REVENUE BY : SHRI SAURABH DESHPANDE DATE OF HEARING 26 . 04 .201 8 DATE OF ORDER 26.04.2018 O R D E R PER SAKTIJIT DEY, J.M. THIS IS AN APPEAL BY THE ASSESSEE AGAINST ASSESSMENT ORDER PASSED UNDER SECTION 143(3) R/W SECTION 144C OF THE INCOME TAX ACT, 1961 (FOR SHORT THE ACT ) , IN PURSUANCE TO THE DIRECTIONS OF THE DISPUTE RESOLUTION PANEL , FOR THE ASSESSMENT YEAR 2010 11. 2 . THE GROUNDS RAISED BY THE ASSESSEE PERTAIN TO TRANSFER PRICING ADJUSTMENT MADE BY THE TRANSFER PRICING OFFICER. THE ASSESSEE, THROUGH, ONE OF ITS DIRECTORS SHRI PAWAN KUMAR KHANDELWAL, HAS FILED 2 BT GLOBAL COMMUNICATIONS INDIA PVT. LTD. LETTER DATED 26 TH FEBRUARY 2018 IN THE REGISTRY STATING THAT THE ASSESSEE HAS FILED AN APPLICATION UNDE R ARTICLE 27 OF THE INDIA U.K. DOUBLE TAXATIONS AVOIDANCE AGREEMENT (DTAA) FOR INITIATION OF MUTUAL AGREEMENT PROCEDURE (MAP) BEFORE THE INDIAN AND U.K. COMPETENT AUTHORITIES WITH RESPECT TO THE ISSUE S RAISED IN THE APPEAL BEFORE THE TRIBUNAL. IT IS STATED BY THE ASSESSEE THAT A RESOLUTION HAS BEEN ARRIVED AT BETWEEN THE INDIAN AND U.K. COMPETENT AUTHORITIES ON THE ISSUES RAISED IN THE PRESENT APPEAL , IN TERMS OF ARTICLE 27 OF THE INDIA U.K. DTAA , WHICH HAS BEEN ACCEPTED BY THE ASSESSEE AS PER LETTER OF ACCEPTANCE DATED 15 TH FEBRUARY 2018. FURTHER, IT IS STATED, AS PER RULE 44H OF THE INCOME TAX RULES, 1962, ORDERS GIVING EFFECT TO MAP RESOLUTION CAN BE PASSED BY THE ASSESSING OFFICER ONCE ALL THE APPEAL S ARE WITHDRAWN BY THE ASSESSEE ON THE ISSUES RESOLVED UNDER MAP. THUS, IT IS STATED BY THE ASSESSEE, FOR THE AFORESAID REASON S , THE ASSESSEE SEEKS WITHDRAWAL OF THE PRESENT APPEAL IN ENTIRETY . 3 . THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION WIT H REGARD TO THE WITHDRAWAL APPEAL BY THE ASSESSEE. IN VIEW OF THE ABOVE, WE PERMIT THE ASSESSEE TO WITHDRAW THE PRESENT APPEAL ON THE BASIS OF THE REASONS STATED IN THE LETTER REFERRED TO ABOVE. ACCORDINGLY, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. 3 BT GLOBAL COMMUNICATIONS INDIA PVT. LTD. 4 . IN THE RESULT, ASSESSEES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26.04.2018 SD/ - RAJESH KUMAR ACCOUNTANT MEMBER SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 26.04.2018 COPY OF THE ORDER FORWARDED TO : ( 1 ) THE ASSESSEE; ( 2 ) THE REVENUE; ( 3 ) THE CIT(A); ( 4 ) THE CIT, MUMBAI CITY CONCERNED; ( 5 ) THE DR, ITAT, MUMBAI; ( 6 ) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY (ASSTT. REGISTRAR /SR.P.S ) ITAT, MUMBAI