Progress Software Development Private Limited, Hyderabad V. Asst.CIT, Cir-16(3), Hyderabad

ITA 1833/HYD/2012

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4696 (ITAT-HYDERABAD)
• Duration Of Justice: 5 year(s) 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-10-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 10-10-2018
• Assessment Year: 2008-2009
• Appeal Filed On: 17-12-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ALKA RAJAVANSHI JAIN
• Keywords: Double taxation relief
• Section: 143(3); 90

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B , HYDERABAD BEFORE S MT P. MADHAVI DEVI , JUDICIAL MEMBER AND SHRI S . RIFAUR RAHMAN , ACCOUNTANT MEMBER ITA NO. 1833 /HYD/201 2 ASSESSMENT YEAR: 20 0 8 - 09 PROGRESS SOFTWARE DEVELOPMENT PVT. LTD., HYDERABAD. PAN AADCP 4833A VS. ASST. COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE 16(3), HYDERABAD. ( A PPELLANT ) (RESPONDENT) ASSESSEE BY : SHRI PRADEEP KUMAR REVENUE BY : S MT. ALKA RAJAVANSHI JAIN DATE OF HEARING : 1 0 / 1 0/2018 DATE OF PRONOUNCEMENT : 26 / 1 0 / 201 8 O R D E R PER S . RIFAUR RAHMAN , A .M. : THIS APPEAL IS DIRECTED AGAINST THE ORDER PASSED U/S 143(3) R.W.S. 144C OF THE INCOME TAX ACT, 1961 (IN SHORT ACT) DATED 01 / 06 /201 2 RELATING TO AY 200 8 - 09 . 2. ON PERUSAL OF RECORD, WE FIND THAT THE ASSESSEE FILED A LETTER DATED 2 1 /08/201 8 WHEREIN IT WAS STATED THAT THE ASSESSEE WANTS TO WITHDRA W THE APPEAL FOR THE REASON THAT THE ASSESSEE HAD INITIATED MUTUAL AGREEMENT PROCEEDINGS (MAP) UNDER ARTICLE 27(1) OF INDIA AND UNITED STATES OF AMERICA (USA) DOUBLE TAX AVOIDANCE AGREEMENT (DTAA) AND HAVE ARRIVED AT SETTLEMENT WITH RESPECT TO THE TRANSFE R PRICING ADJUSTMENT FOR THE ASSESSMENT OF INCOME OF THE ASSESSEE IN TERMS OF SECTION 90 OF THE ACT READ WITH ARTICLE 27(1) OF THE INDIA - USA DTAA AND RULE 44H OF THE IT RULES, 1962. SINCE THERE WAS A SPECIFIC 2 ITA NO. 1833 /HYD/1 2 PROGRESS SOFTWARE DEVELOPMENT PVT. LTD., HYD. REQUEST FROM THE ASSESSEE TO WITHDRAW ITS APPEAL, W E, THEREFORE, PERMIT THE ASSESSEE TO WITHDRAW IT S APPEAL . ACCORDINGLY, THE APPEAL STANDS DISMISSED AS WITHDRAWN. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 26 TH OCTOBER , 2018 . SD/ - SD/ - ( P. MADHAVI DEVI ) (S . RIFAUR RAHMAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 26 TH OCTOBER , 2018 KV C OPY TO: - 1) PROGRESS SOFTWARE DEVELOPMENT PVT. LTD., 4 TH FLOOR, NO. 18, 1 LABS CENTRE, NO. 8, SOFTWARE UNIT LAYOUT, MADHAPUR, HYDERABAD 500 0 81 2) ACIT, CIRCLE 16(3), 6 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYD 500 004. 3) DRP, HYDERABAD . 4) DI T , INTERNATIONAL TAXATION, IT TOWERS, 10 - 2 - 3, AC GUARDS, HYD. 5 ) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD. 6 ) GUARD FILE