TATA COMMUNICATION LTD, MUMBAI V. DCIT RG 1(3), MUMBAI

ITA 225/MUM/2016

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8364 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-12-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 14-01-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V JUSTIN
• Assessee Lawyers: WITHDRAWAL LETTER

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E, MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI C.N. PRASAD , JUDICIAL MEMBER ITA NO. 225/MUM/2016 : A.Y : 2012 - 13 TATA COMMUNICATIONS LIMITED VIDESH SANCHAR BHAVAN, M.G. ROAD, FORT, MUMBAI 400 001 (APPELLANT) PAN : AAACV2808C VS. DCIT, RANGE - 1(3) MUMBAI (RESPONDENT) APPELLANT BY : WITHDRAW AL LETTER RESPONDENT BY : SHRI V. JUSTIN DATE OF HEARING : 06/12/2017 DATE OF PRONOUNCEMENT : 06/12/2017 O R D E R PER G.S. PANNU , AM : THE CAPTIONED APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A) - 3, MUMBAI DATED 27.10.2015 PERTAINING TO THE ASSESSMENT YEAR 2012 - 13 , WHICH IN TURN HAS ARISEN FROM THE INTIMATION DATED 21.02.2014 PASSED BY THE ASSESSING OFFICER U/S 143(1) OF T HE INCOME TAX ACT, 1961 (IN SHORT THE ACT). 2 ITA NO. 225 /MUM/201 6 TATA COMMUNICATIONS LTD. 2. T HE LEARNED REPRESENTATIVE FOR THE ASSESSEE HAS FILED A LETTER DATED 04.12.2017 REQUESTING PERMISSION TO WITHDRAW THE APPEAL , WHICH READS AS UNDER : - THE CAPTIONED APPEAL IS SCHEDULED FOR HEARING BEFORE THE HON'BLE E BENCH ON DECEMBER 6, 2017. IN THIS CONNECTION, WE WOULD LIKE TO INFORM YOUR HONOURS THAT WE HAVE VERIFIED OUR RECORDS AND REQUEST YOU TO PERMIT US TO WITHDRAW THIS APPEAL BASED ON THE FOLLOWING DEVELOPMENT : THIS APPEAL WAS FILED BY US ON JANUARY 14, 2016 AGAINST THE INTIMATION ISSUED U/S 143(1) OF THE ACT, WHEREIN THE TDS CREDIT WAS RESTRICTED TO A SUM OF RS.187,18,74,091 AS PER THE ESTABLISHED PRACTICE FOLLOWED BY THE DEPARTMENT TO GRANT TDS CREDIT ONLY TO THE EXTENT IT IS INDICATED UNDE R OUR PAN IN THE 26AS WEBSITE OF THE DEPARTMENT, ALTHOUGH WE HAD CLAIMED TDS CREDIT OF RS.191,03,78,549/ - BASED ON THE PHYSICAL TDS CERTIFICATES RECEIVED FROM OUR CUSTOMERS. A COPY OF THE INTIMATION IS ATTACHED AT ANNEXURE A, WITH THE RELEVANT PORTION DUL Y HIGHLIGHTED. SUBSEQUENTLY, ON VERIFICATION OF RECORDS, IT HAS BEEN FOUND THAT THE ASSESSING OFFICER HAS LATER IN HIS ASSESSMENT ORDER DATED JANUARY 20, 2017 PASSED U/S 143(3), GRANTED THE TDS CREDIT OF RS.191,03,78,549/ - AS WAS CLAIMED IN THE RETURN OF INCOME. A COPY OF THE ITNS FORM FORMING PART OF THE ASSESSMENT ORDER IS ATTACHED FOR YOUR HONOURS READY REFERENCE REFER ANNEXURE A. HENCE, NOW THERE BEING NO GRIEVANCE, THIS APPEAL BECOMES INFRUCTUOUS. WE SINCERELY REGRET THE INCONVENIENCE CAUSED TO YOUR HONOURS AND HOPE OUR ABOVE GENUINE REQUEST WILL BE ACCEDED TO. 3. THE L D. CIT - DR APPEARING FOR THE REVENUE HAS NO OBJECTION TO THE AFORESAID PLEA OF ASSESSEE. 3 ITA NO. 225 /MUM/201 6 TATA COMMUNICATIONS LTD. 4. ACCORDINGLY, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. THE ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES AT THE CONCLUSION OF HEARING ON 6 TH DECEMBER , 201 7 . SD/ - SD/ - ( C.N. PRASAD ) JUDICIAL MEMBER (G.S. PANNU) ACCOUNTANT MEMBER MUMBAI, DATE : 6 T H DECEMBER , 201 7 *SSL* COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, E BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, MUMBAI