Medline Industries India Pvt. Ltd, Pune V. Additional / Joint / Deputy/ Assistant Commissioner Of Income Tax , Dehi

ITA 208/PUN/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6792 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 29-09-2021
• Assessment Year: 2016-2017
• Appeal Filed On: 27-05-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MAHADEVAN A M KRISHNAN
• Assessee Lawyers: JA I NIL SHAH
• Section: 208; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, PUNE (THROUGH VIRTUAL COURT) BEFORE SHRI R.S.SYAL, VP AND SHRI PARTHA SARATHI CHAUDHURY , JM . / I TA NO. 208 /PUN/20 21 / ASSESSMENT YEAR : 2016 - 17 MEDLINE INDUSTRIES INDIA PRIVATE LIMITED 4 TH FLOOR, BHALERAO TOWERS, PLOT NO.36, CTS 1669 - 1670, BEHIND HOTEL PRID E, SHIVAJI N AGAR, PUNE - 411 005 PAN : AAGCM3953M ....... / APPELLANT / V/S. THE ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX/INCOME TAX OFFICE R , NATIONAL E - ASSESSMENT CENTRE, DELHI. / RESPONDENT A SSESSEE BY : SHRI JA I NIL SHAH REVENUE BY : SHRI MAHADEVAN A M KRISHNAN / DATE OF HEARING : 0 8 . 09 .2021 / DATE OF PRONOUNCEMENT : 08 . 0 9 .2021 / ORDER PER PARTHA SARATHI CHAUDHU RY, JM : T HIS APPEAL FILED BY THE ASSESSEE EMANATES FROM THE DIRECTIONS OF THE LD. DISPUTE RESOLUTION PANEL, MUMBAI - 1 DATED 26.02.2021 PASSED U/S.144C(5) OF THE INCOME TAX ACT, 1961 ( HEREINAFTER REFERRED TO AS THE ACT ) FOR THE ASSESSMENT YEAR 2016 - 17 AS PER THE GROUNDS OF APPEAL ON RECORD. 2 ITA NO. 208 /PUN/20 21 A.Y. 2016 - 17 2. THE ASSESSEE HA S FILED AN APPLICATION DATED 6 TH S EPTEMBER, 2021 SEEKING WITHDRAWAL OF THE APPEAL . T HE RELEVANT CONTENTS OF T HE SAID LETTER READ AS FOLLOWS : W E REFER TO SUBJECT APPEAL N O. ITA 208/ PUN /2021 I N THIS REGARD, THE APPELLANT SUBMITS THAT IT HAS ENTERED INTO A DVANCE P RICING A GREEMENT (APA) WITH C ENTRAL B OARD OF DI RECT T AXES (CBDT) VIDE AGREEMENT N O. UAPA - 33/2016 - 17 DATED 16 TH A UGUST, 2021. C ONSIDERING THAT THE SIGNED APA ALSO COVERS ROLLBACK PROVISIONS COVERING AY 2014 - 15 TO AY 2017 - 18, AS PER R U LE 10 RA OF THE I N COME T AX R ULES, 1961, THE APPELLANT SUBMIT THE REQUEST FOR WITHDRAWAL OF ITS APPEAL FILED FOR AY 2016 - 17 BEFORE FILING THE MODIFIED RETURN FOR THE SAID YEAR. W E WILL BE OBLIGED IF YOUR GOOD - SELF ACCEDE TO OUR REQUEST TO GRANT US THE WITHDRAWAL OF APPEAL. 3. THE LD. DR FOR REVENUE HAS RAISED NO OBJECTION ON ASSESSEES WITHDRAWING THE APPEAL . IN VIEW OF APPLICATION MADE BY ASSESSEE, THE APPEAL IS DISMISSED AS HAVING BEEN 'WITHDRAWN'. 4 . IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN . ORDER PRO NOUNCED IN O PEN C O URT ON 08 TH DAY OF SEPTEMBER , 20 2 1 . S D/ - S D/ - R.S.SYAL PARTHA SARATHI CHAUDHURY VICE PRESIDENT JUDICIAL MEMBER / PUNE; / DATED : 08 TH SEPTEMBER , 202 1 . SB / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. T HE CIT(A PPEALS ) - 13, P UNE. 4. T HE P R. CIT - 5, P UNE. 5. , , , / DR, ITAT, C BENCH, PUNE. 6 . / GUARD FILE. / BY ORDER, // T RUE C O PY // / PRIVATE SECRETARY , / ITAT, PUNE . 3 ITA NO. 208 /PUN/20 21 A.Y. 2016 - 17 DATE 1 DRAFT DICTATED ON 0 8 .0 9 .2021 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 0 8 .0 9 .202 1 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 DATE OF UPLOADING OF ORDER SR.PS/PS 8 FILE SENT TO BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER