AFFINITY EXPRESS [ I ] P. LTD, Pune V. ACIT, Pune

ITA 2258/PUN/2012

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 7234 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 2 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 14-06-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 09-11-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: J P CHANDRAKAR
• Assessee Lawyers: VISHAL SOLANKI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUN E . . . . . . . . , , ! ! ! ! , ' ' ' ' BEFORE SHRI R.K. PANDA, AM AND SHRI VIKAS AWASTHY, JM . .. . / ITA NO. 2258/PUN/2012 # $ %$ # $ %$ # $ %$ # $ %$ / ASSESSMENT YEAR : 2008-2009 AFFINITY EXPRESS [1] P. LTD. OFFICE NO.6B, 7 & 8, 4 TH FLOOR. C WING GODREJ ETERNIA, WAKADEWADI, PUNE-411005 PAN : AABCC1224C ....... !& / APPELLANT # # # # /VS. ASSTT. COMMISSIONER OF INCOME TAX. CIRCLE-1(1) PUNE. ()!& / RESPONDENT . .. . / ITA NO. 2198/PUN/2013 # $ %$ # $ %$ # $ %$ # $ %$ / ASSESSMENT YEAR : 2009-2010 AFFINITY EXPRESS [1] P. LTD. OFFICE NO.6B, 7 & 8, 4 TH FLOOR. C WING GODREJ ETERNIA, WAKADEWADI, PUNE-411005 PAN : AABCC1224C ....... !& / APPELLANT # # # # /VS. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1) PUNE. ()!& / RESPONDENT ASSESSEE BY : SHRI VISHAL SOLANKI REVENUE BY : SHRI J.P.CHANDRAKAR #* + ,- / DATE OF HEARING : 19.01.2017 ./% + ,- / DATE OF PRONOUNCEMENT : 19.01.2017 0 0 0 0 / ORDER PER VIKAS AWASTHY, JM : THESE TWO APPEALS HAVE BEEN FILED BY THE ASSESSEE. IN IT A NO. 2258/PUN/2012, THE ASSESSEE HAS ASSAILED ASSESSMENT OR DER DATED 2 ITA NO. 2258/PUN/2012 & 2198/PUN/2013 A.Y. 2008-09 & 2009-2010 18.09.2012 PASSED U/S 143 (3) R.W.S 144C (13) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) FOR THE ASSES SMENT YEAR 2008- 2009. THE APPEAL OF ASSESSEE IN ITA NO.2198/PUN/2013, IS A GAINST THE ASSESSMENT ORDER DATED 11.10.2013 PASSED U/S 143 (3) R. W.S 144C (13) OF THE ACT FOR THE ASSESSMENT YEAR 2009-2010. 2) SHRI VISHAL SOLANKI APPEARING ON BEHALF OF THE ASSESSEE HAS PRAYED FOR WITHDRAWING THE APPEALS IN VIEW OF MUTUAL AGREEM ENT PROCEDURE (MAP) ADOPTED BY THE ASSESSEE UNDER ARTICLE 27(1) OF THE DOUBLE TAXATION AVOIDANCE AGREEMENT BETWEEN INDIA AND T HE UNITED STATES OF AMERICA (USA). THE LD. A.R HAS FILED A COPY OF COMMU NICATION DATED 23.11.2016 FROM CBDT GIVING THE DETAILS OF MAP PROCEE DINGS IN THE CASE OF ASSESSEE. 3) SHRI J.P CHANDRAKAR REPRESENTING THE DEPARTMENT STA TED THAT THE DEPARTMENT HAS NO OBJECTION IN ASSESSEE WITHDRAWING THE APPEALS . 4) BOTH SIDES HEARD. THE ASSESSEE HAS FILED REQUEST LETTE R TO WITHDRAW THE ABOVE MENTIONED APPEALS IN VIEW OF MAP ADOPT ED IN BOTH THE ASSESSMENT YEARS. THE RELEVANT EXTRACT OF THE LETTE R DATED 11.01.2017 FILED BY THE ASSESSEE READS UNDER:- SUB : REQUEST FOR WITHDRAWAL OF CASES FOR ASSESSMENT Y EAR (A.Y) 2008-09 (ITA 2258/PUN-2012) AND A.Y. 2009-10(2198/PUN-2013) AT B BENCH. RESPECTED MEMBERS, THE APPELLANT ( AFFINITY EXPRESS INDIA PRIVATE LIMIT ED) HAD FILED THE APPEALS WITH THE HONBLE PUNE TRIBUNAL FOR THE CAPTIONED YE ARS AGAINST THE ASSESSMENT ORDERS PASSED BY THE ASSESSING OFFICER UNDER SECTIO N 143 (3) R.W.S 144C(13) OF THE INCOME TAX ACT, 1961. THE APPELLANT HAD ALSO INVOKED MUTUAL AGREEMENT PRO CEDURE (MAP) UNDER ARTICLE 27(1) OF THE DOUBLE TAXATION AVOIDANCE AGRE EMENT BETWEEN INDIA AND THE UNITED STATES OF AMERICA (USA) FOR THE CAPTIONE D ASSESSMENT YEARS AND HAD SOUGHT TO RESOLVE THE DISPUTE. 3 ITA NO. 2258/PUN/2012 & 2198/PUN/2013 A.Y. 2008-09 & 2009-2010 COMPETENT AUTHORITIES OF BOTH THE COUNTIES HAVE MUT UALLY AGREED ON THE SETTLEMENT. THE APPELLANT HAS RECEIVED A LETTER FRO M ASSESSING OFFICER IN THIS REGARD AND THE SAME IS ENCLOSED HEREWITH AS APPENDIX 1 . THE APPELLANT WOULD ACCEPT THE AGREEMENT REACHED BY THE TWO COMPETENT AUTHORITIES AND THUS, THE APPELLANT WISHES TO WITHD RAW THE CASES FOR A.Y. 2008- 09 AND A.Y. 2009-2010 WHICH ARE PENDING BEFORE THE HONBLE PUNE TRIBUNAL. STATUS OF THESE THREE CASES IS AS BELOW: A.Y. 2008-2009 (ITA 2258/PUN-2012) AND A.Y. 2009-20 10 (ITA 2198/PUN- 2013): THE CASE IS FIXED FOR HEARING ON 19 TH JANUARY, 2017. WE REQUEST YOU TO TAKE ABOVE ON RECORD FOR WITHDRAW AL OF THE ABOVE MENTIONED CASES. 5) IN VIEW OF THE REQUEST MADE ON BEHALF OF THE ASSESSEE, BOTH THE APPEALS ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THURSDAY, THE 19 TH DAY OF JANUARY, 2017. SD/- SD/- ( . . / R.K. PANDA) ( ! / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; 1# / DATED : 19TH JANUARY, 2017. SB 0 + (, 2 %, 0 + (, 2 %, 0 + (, 2 %, 0 + (, 2 %, / COPY OF THE ORDER FORWARDED TO : 1. !& / THE APPELLANT. 2. ()!& / THE RESPONDENT. 3. THE DIT (INTL. TAXATION), PUNE. 4. THE DRP, PUNE. 5. 34 (,# , , 5 , / DR, ITAT, B BENCH, PUNE. 6. 4$ 67 / GUARD FILE. // TRUE COPY// 0# / BY ORDER, /ASSISTANT REGISTRAR , / ITAT, PUNE