Deloitte Services India Pvt.Ltd., Hyd, Hyderabad V. DCIT, Cir-1(2), Hyderabad

ITA 372/HYD/2011

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3016 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 11 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 09-03-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NIVEDITA BISWAS
• Assessee Lawyers: SURYA KIRAN M ARS
• Keywords: Transfer pricing; Double taxation relief

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI D.MANMOHAN, VICE PRESIDENT AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO.372/HYD/2011 : ASSESSMENT YEARS 2005-0 6 M/S. DELOITTE SUPPORT SERVICES INDIA PVT. LTD., HYDERABAD (PAN - AABCD 9761 D ) V/S DY. COMMISSIONER OF INCOME - TAX CIRCLE 1(2), HYDERABAD (APPELLANT) (RESPONDENT) APPELLANT BY : S/SHRI SISTLA VENKATESWARLU & SURYA KIRAN M. ARS RESPONDENT BY : SMT. NIVEDITA BISWAS DR DATE OF HEARING 9 . 2 .201 6 DATE OF PRONOUNCEMENT 9.2.2016 O R D E R PER BENCH : THIS APPEAL IS FILED AT THE INSTANCE OF THE ASSES SEE. AT THE TIME OF HEARING, LEARNED COUNSEL APPEARING ON BEHAL F OF THE ASSESSEE PLACED BEFORE US A COPY OF LETTER DATED 23 RD DECEMBER, 2015, WHEREIN IT WAS SUBMITTED THAT AGAINST THE TRANSFER PRICING ADJUSTMENTS MADE BY THE TAX AUTHORITIES, ASSESSEE HAS ALSO TAKEN UP MUTUAL AGREEMENT PROCEEDINGS (MAP) UNDER ARTICLE 27(1) OF INDIA AND UNITED STATES OF AMERICA DOUBLE TAX AVOIDANCE AGREEMENT (DTAA) AND THE COMPETENT AUTHORITIES OF BOTH THE COUNTRIES HAVING EXAMINED T HE FACTS OF THE CASES AND THE ISSUES INVOLVED, HAVE ARRIVED AT RESO LUTION WITH RESPECT TO THE ASSESSMENT OF INCOME OF THE ASSESSEES HEREI N IN TERMS OF S.90 OF THE ACT READ WITH ARTICLE 27(1) OF THE INDO USA DTAA. PURSUANT TO THE ABOVE RESOLUTION, THE ASSESSEE HEREIN RECEIVED LETTER FROM THE ASSESSING OFFICER, WHICH WAS AGREED UPON BY THE ASS ESSEE HEREIN AND HENCE, THE ASSESSEE SEEKS TO WITHDRAW THE PRESENT P ROCEEDINGS, SINCE ITA NO.372/HYD/2011 M/S. DELOITTE SUPPORT SERVICES INDIA (P) LTD. HYDERABAD 2 THE ISSUES INVOLVED HEREIN ARE COVERED BY THE MUTUA L AGREEMENT PROCEEDINGS(MAP) STATED ABOVE. 2. LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJ ECTION IN THIS REGARD. 3. WE HAVE CAREFULLY PERUSED THE RECORD. HAVING REGARD TO THE RESOLUTION ARRIVED AT IN TERMS OF S.90 OF THE A CT READ WITH ARTICLE 27(1) OF THE INDO USA DTAA AND RULE 44H OF THE INCO ME-TAX RULES, 1962, THE GROUNDS COVERED BY THE MAP NEED NOT BE CO NSIDERED SINCE THE ASSESSEE HAS ACCEPTED THE SAME, AND SEEKS TO WI THDRAW THE PRESENT APPEAL. WE ACCORDINGLY PERMIT THE ASSESSEE TO WITHDRAW THE PRESENT APPEAL. 4. IN THE RESULT, AS PRONOUNCED IN THE OPEN COURT , APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. SD/- SD/- (S.RIFAUR RAHMAN) (D.MANMOHAN) ACCOUNTANT MEMBER. VICE PRESIDENT DT/- 9 TH FEBRUARY, 2016 COPY FORWARDED TO: 1. M/S. DELOITTE SUPPORT SERVICES INDIA PVT. LTD., RMZ FUTURA , BLOCK A, 2ND FLOOR, PLOT NO.14 & 15, ROAD NO.2, HIT ECH CITY LAYOUT, MADHAPUR, HYDERABAD 500 081 2. DY. COMMISSIONER OF INCOME - TAX CIRCLE 1(2), HYDERABAD 3. COMMISSIONER OF INCOME - TAX(APPEALS) III, HYDERABAD 4. COMMISSIONER OF INCOME - TAX I, HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE ITAT, HYDERABAD B.V.S.