Affinity Express India Private Limited, Pune V. Deputy Commissioner of Income tax,

ITA 2877/PUN/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 9495 (ITAT-PUNE)
• Duration Of Justice: 5 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-05-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 19-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE . . . . , , BEFORE SHRI D.KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO. 2877/PUN/2016 / ASSESSMENT YEAR : 2012-13 AFFINITY EXPRESS INDIA PRIVATE LIMITED, OFFICE NO.6B, 7 & 8, 4 TH FLOOR, C-WING, GODREJ ETERNIA, WAKDEWADI, SHIVAJI NAGAR, PUNE 411 005 PAN : AABCC1224C . / APPELLANT V/S DCIT, CIRCLE - 1(1), PUNE . / RESPONDENT ASSESSEE BY : SHRI NUPOOR SHAH (WITHDRAWAL APPLN. DT. 22-05-2017) REVENUE BY : SHRI VINOD KUMAR, CIT / ORDER PER D. KARUNAKARA RAO, AM : THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE OR DER OF THE DY.CIT, CIRCLE-1(1), PUNE DATED 27-10-2016/DISPUTE RESOLUTE PANEL-3, MUMBAI DATED 21-09-2016 FOR THE ASSESSMENT YEAR 2012-13. 2. AT THE OUTSET, ASSESSEES REPRESENTATIVE BROUGHT OUR ATTENTION TO A LETTER DATED 22-05-2017 PROPOSING TO WITHDRAW THE APPEAL. THE REASON FOR SUCH WITHDRAWAL AS MENTIONED IN THE REQUEST APPLICATION OF THE ASSESSEE READS AS UNDER : / DATE OF HEARING :29.05.2017 / DATE OF PRONOUNCEMENT: 29.05.2017 2 ITA NO.2877/PUN/2016 IN THIS REGARD, THE ASSESSEE HAD APPLIED FOR ROLLB ACK PROVISION UNDER THE ADVANCE PRICING AGREEMENT (APA) FOR THE SAID YEAR. THE ASSESSEE HAS ENTERED INTO APA WITH THE CENTRAL BOARD OF DIRECT T AXES ON 28 FEBRUARY 2017. THE COPY OF APA IS ATTACHED AS APPENDIX-II. AS PER THE RULE 10RA(4) PROCEDURE FOR GIVING EFFECT TO ROLLBACK P ROVISION OF AN AGREEMENT OF THE INCOME TAX RULES, 1962, ANY APPEAL FILED BY THE APPLICANT PENDING BEFORE THE INCOME TAX APPELLATE T RIBUNAL FOR A ROLLBACK YEAR, ON THE ISSUE WHICH IS THE SUBJECT MA TTER OF THE ROLLBACK PROVISION FOR THAT YEAR, THE SAID APPEAL TO THE EXT ENT OF THE SUBJECT UNDER THE AGREEMENT SHALL BE WITHDRAWN. 3. ON HEARING BOTH THE PARTIES AND ALSO ON PERUSING THE COPY OF THE ADVANCE PRICING AGREEMENT UNDER SECTION 92CC OF THE INCOME TAX ACT, 1961 DATED 28-02-2017, WE ARE OF THE OPINION THAT THE RE QUEST OF THE ASSESSEE TO WITHDRAW THE APPEAL SHOULD BE ALLOWED. ACCORDINGLY , THE GROUNDS RAISED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 29 TH DAY OF MAY, 2017. SD/- SD/- (VIKAS AWASTHY) (D. KARUNAKARA RAO) /JUDICIAL MEMBER / ACCOUNTANT MEMBER PUNE; DATED : 29 TH MAY, 2017. / COPY OF THE ORDER FORWARDED TO : / BY ORDER , // TRUE COPY // //TRUE COPY// /ASSISTANT REGISTRAR , / ITAT, PUNE 1. / THE APPELLANT 2. / THE RESPONDENT 3. THE CIT(A) - 11 , PUNE 4. CIT - 11 , PUNE 5. , , B BENCH / DR, ITAT, B BENCH PUNE; 6. / GUARD FILE.