FOUR SEASONS HOTELS AND RESORTS ASIA PACIFIC PTE LTD, MUMBAI V. DCIT (IT) RG 2(3)(1), MUMBAI

ITA 184/MUM/2017

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 2406 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 4 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-05-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2012-2013
• Appeal Filed On: 08-01-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 144C; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JM, & SHRI AMARJIT SINGH, AM आयकरअपीलसं./ I.T.A. No. 184/Mum/2017 & Cross Objection No. 22/Mum/2021 (निर्धारणवर्ा / Assessment Year: 2012-13) And आयकरअपीलसं./ I.T.A. No. 4781/Mum/2018 & Cross Objection No. 116/Mum/2021 (निर्धारणवर्ा / Assessment Year: 2013-14) Four Seasons Hotels & Resorts Asia Pacific Pte. Ltd. PwC House, Plot No. 18/A, Guru Nanak Road, Bandra(west), Mumbai-400050 बिधम/ Vs. DCIT- (IT) Range -2(3)(1), Mumbai स्थायीलेखासं./जीआइआरसं./PAN No. AABCF4767H (अपीलाथी/Appellant) : (प्रत्यथी / Respondent) अपीलाथीकीओरसे/ Appellant by : Shri Amol Mahajan, Ld. AR प्रत्यथीकीओरसे/Respondent by : Shri Milind Chavan, Ld. DR सुनवाईकीतारीख/ Date of Hearing : 12.05.2022 घोषणाकीतारीख / Date of Pronouncement : 12.05.2022 आदेश / O R D E R 2 I . T . A . N o . 184/ M u m / 2 0 1 7 & 4 7 8 1 / M u m / 2 0 1 8 C O N o . 2 2 / M u m / 2 0 2 1 & 1 1 6 / M u m / 2 0 2 1 Four Seasons Hotels & Resorts Asia Pacific Pte. Ltd. Per Bench: The aforesaid appeal filed by the assessee and cross objections filed by the revenue against the order dated 30.09.2016 for AY 2012-13; and order dated 25.05.18 for AY 2013-14 passed by Ld. CIT(A)-56, Mumbai for the quantum of assessment passed u/s 143(3) r.w.s. 144C of the Act. 2. At the outset, assessee has filed an application dated 23 rd March for withdrawal of appeal for the years which reads as under:- Four Seasons Hotels & Resorts Asia Pacific Pte. Ltd. ('Appellant') Assessment Year: 2012-13 and 2013-14. Assessee's Appeal: ITA No. 184/Mum/2017 and ITA No. 4781/Mum/2018 Sub: Application for withdrawal of appeals We refer to the captioned appeals scheduled for hearing before the Hon'ble 'I' Bench of the Income-tax Appellate Tribunal, Mumbai on 24 March 2022 for AY 2012-13 and AY 2013-14. In this connection, we submit that the Appellant wishes to withdraw the said appeals to avoid protracted litigation and buy peace of mind, without prejudice to its position as to the non-taxability of its income in India. 3 I . T . A . N o . 184/ M u m / 2 0 1 7 & 4 7 8 1 / M u m / 2 0 1 8 C O N o . 2 2 / M u m / 2 0 2 1 & 1 1 6 / M u m / 2 0 2 1 Four Seasons Hotels & Resorts Asia Pacific Pte. Ltd. The withdrawal of these appeals should not be construed in any way as against the Appellant as to its rights to contest the assessment orders in the future years. Kindly request to take the same on record and place the same before the Hon'ble Members. Thanking You. Yours faithfully, For and on behalf of Four Seasons Hotels & Resorts Asia Pacific Pte. Ltd. 3. Even the revenue has filed an application dated 11.05.2022 wherein it has sought for withdrawal of cross objections, which reads as under:- In this case letter of Sr. A.R., ITAT T Bench Mumbai vide dt. 28.03.2022 is received, wherein it is stated that in the case of M/s Four seasons Hotels & Resorts Asia Pacific Pte Ltd. (PAN: AABCF4767H) A.Y 2012-13 and A.Y 2013-14 having 1TA No. 184/Mum/2017 and ITA No. 4781/Mum/2018 respectively, the assessee has submitted before ITAT that it wishes to withdraw the appeal. Here it is to be noted that department has filed cross objection vide CO-22/Mum/2021 and CO-116/Mum/2018 respectively in the said appeal. The approval of the CIT in respect of the said cross objection vide dt. 03.03.2021 and 4 I . T . A . N o . 184/ M u m / 2 0 1 7 & 4 7 8 1 / M u m / 2 0 1 8 C O N o . 2 2 / M u m / 2 0 2 1 & 1 1 6 / M u m / 2 0 2 1 Four Seasons Hotels & Resorts Asia Pacific Pte. Ltd. 13.09/2021 for both A.Ys respectively. Further Cross objection for A.Y 2012 13 has been rectified vide authorization memo dt. 13.09.2021. It is noted that in its letter to Hon'ble ITAT relating to withdrawal of its appeal, the assessee has stated that the withdrawal of appeals should not be construed in any way as against the appellant as to its right to contest the assessment orders in future years. It is in light of the above that a similar position is stated for withdrawal of department's cross objection reserving its right to contest the same in subsequent assessment years. The cross objection filed by the department may be withdrawn as a consequence to assessee's request to withdraw its appeal to avoid litigation. Yours faithfully, Sd/- (SANJAY SINGH) Commissioner of Income Tax (International Taxation)-2, Mumbai, 4. Accordingly, the ITA No. 184/Mum/2017 & 4781/Mum/2018 filed by the assessee and CO’s No. 22/Mum/2021 & 116/Mum/2021 filed by the revenue are allowed to be withdrawn. 5. In the result, all the appeals filed by assessee and CO’s filed by the revenue are treated as dismissed. 5 I . T . A . N o . 184/ M u m / 2 0 1 7 & 4 7 8 1 / M u m / 2 0 1 8 C O N o . 2 2 / M u m / 2 0 2 1 & 1 1 6 / M u m / 2 0 2 1 Four Seasons Hotels & Resorts Asia Pacific Pte. Ltd. Orders pronounced in the open court on 12 th May 2022. Sd/- Sd/- (Amarjit Singh) (Amit Shukla) Accountant Member Judicial Member मुंबई Mumbai;ददनांक Dated : 12.05.2022 Sr.PS. Dhananjay आदेशकीप्रनिनिनिअग्रेनर्ि/Copy of the Order forwarded to : 1. अपीलाथी/ The Appellant 2. प्रत्यथी/ The Respondent 3. आयकरआयुक्त(अपील) / The CIT(A) 4. आयकरआयुक्त/ CIT- concerned 5. दवभागीयप्रदतदनदध, आयकरअपीलीयअदधकरण, मुंबई/ DR, ITAT, Mumbai 6. गार्डफाईल / Guard File आदेशधिुसधर/ BY ORDER, .उि/सहधयकिंजीकधर (Dy./Asstt.Registrar) आयकरअिीिीयअनर्करण, मुंबई/ ITAT, Mumbai 6 I . T . A . N o . 184/ M u m / 2 0 1 7 & 4 7 8 1 / M u m / 2 0 1 8 C O N o . 2 2 / M u m / 2 0 2 1 & 1 1 6 / M u m / 2 0 2 1 Four Seasons Hotels & Resorts Asia Pacific Pte. Ltd.