MICROSOFT INDIA (R&D) PVT. LTD., NEW DELHI V. DCIT, CIRCLE- 6(1), NEW DELHI

ITA 3816/DEL/2017

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 3135 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 10 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2005-2006
• Appeal Filed On: 11-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL
• Keywords: Transfer pricing; Competent authority

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “I-1”: NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS. ASTHA CHANDRA, JUDICIAL MEMBER ITA No. 3816/Del/2017 Asstt. Year : 2005-06 O R D E R PER ASTHA CHANDRA, JM The appeal of the assessee is preferred against the order dated 14.12.2016 of Ld. Commissioner of Income Tax (Appeals)-44, New Delhi pertaining to the assessment year (“AY”) 2005-06. 2. The Ld. AR for the assessee, vide letter dated 13.04.2022 has requested for withdrawal of the appeal on the ground that the assessee’s associated enterprise (“AE”) in the United States of America (“USA”), Microsoft India (R&D) Pvt. Ltd. 807, New Delhi House, Barakhamba Road, New Delhi – 110 001 PAN AABCM6358F Vs. DCIT Circle-6(1) New Delhi. (Appellant) (Respondent) Assessee by: Shri Nageswar Rao, Advocate Ms. Deepika Aggarwal, Advocate Department by : Shri Surender Pal, CIT- DR Date of Hearing 04.05.2022 Date of pronouncement 04.05.2022 ITA No. 3816/Del/2017 2 namely Microsoft Corporation had filed an application under Mutual Agreement Procedure (“MAP”) before USA Competent Authority to resolve the dispute relating to determination of arm’s length price for the transfer pricing adjustment made in the assessment order dated 17.11.2008 under Article 27 of India-USA Double Tax Avoidance Agreement . The assesee has received a copy of the communication issued by the Indian Competent Authority on 04.04.2022 informing the assessee about the resolution under MAP proceedings for the A.Y 2005-06. The MAP resolution has specified relief to be granted on account of transfer pricing adjustments in relation to the assessee’s AE i.e Microsoft Corporation. Since the assessee has opted for acceptance of the aforesaid MAP resolution, the assessee wishes to withdraw all the grounds of appeal raised in the captioned appeal (ITA No. 3816/Del/2017) for A.Y 2005-06. 3. Ld. CIT(DR) has no objection for withdrawal of the appeal. 4. In view of the above, we accept the request of the assessee for withdrawal of the appeal. Consequently, the appeal is dismissed as withdrawn. 5. In the result, the appeal of the assessee is dismissed. Order pronounced in the open court at time of hearing on 4 th May, 2022. sd/- sd/- (R.K. PANDA) (ASTHA CHANDRA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 04/05/2022 Veena Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) ITA No. 3816/Del/2017 3 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi Date of dictation Date on which the typed draft is placed before the dictating Member Date on which the typed draft is placed before the Other Member Date on which the approved draft comes to the Sr. PS/PS Date on which the fair order is placed before the Dictating Member for pronouncement Date on which the fair order comes back to the Sr. PS/PS Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order