Dar Al Handasah Consultants (Shair & Partners) India P. Ltd., Pune V. Deputy Commissioner of Income-tax,

ITA 433/PUN/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 2939 (ITAT-PUNE)
• Duration Of Justice: 9 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 10-04-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S B MOREY
• Section: 143(3)

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. 433/PN/2015 %' ( ')( / ASSESSMENT YEARS : 2010-11 DAR AL HANDASAH CONSULTANTS (SHAIR & PARTNERS) INDIA PVT. LTD., WING A & B, LEVEL-2, TOWER-11, CYBERCITY, MAGARPATTA CITY, HADAPSAR, PUNE-411013 PAN : AACCD6524H ....... / APPELLANT ' / V/S. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(2), PUNE INCOME TAX OFFICE, A WING, 2 ND FLOOR, NEAR PMT BUILDING, SHANKARSHET ROAD, SWARGATE, PUNE 411037 / RESPONDENT ASSESSEE BY : SHRI RAJENDRA AGIWAL REVENUE BY : SHRI S.B. MOREY / DATE OF HEARING : 19-01-2016 / DATE OF PRONOUNCEMENT : 19-01-2016 * / ORDER PER VIKAS AWASTHY, JM : THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE AGAIN ST THE ORDER OF ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(2), P UNE DATED 30-01-2015 PASSED U/S. 143(3) R.W.S. 144C(13) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) FOR THE ASSE SSMENT YEAR 2010-11. 2 ITA NO. 433/PN/2015, A.Y. 2010-11 2. SHRI RAJENDRA AGIWAL APPEARING ON BEHALF OF THE ASSE SSEE SUBMITTED AT THE OUTSET THAT THE ASSESSEE WISHES TO W ITHDRAW THE APPEAL WITH A LIBERTY TO FILE MODIFIED RETURN OF INCOME FOR THE IMPUGNED ASSESSMENT YEAR. THE LD. AR SUBMITTED THAT THE ASSESSE E HAS ENTERED INTO A UNILATERAL ADVANCED PRICING AGREEMENT (UAPA) DATED 2 4-11-2015 WITH THE CENTRAL BOARD OF DIRECT TAXES (CBDT) FOR THE FINANC IAL YEARS 2009-10 TO 2012-13 (I.E. ROLLBACK YEARS) AND FROM FINANCIAL YEA RS 2013- 14 TO 2017-18 [ADVANCE PRICING AGREEMENT (APA) YEARS]. TH E LD. AR PLACED ON RECORD A COPY OF THE AFORESAID AGREEMENT WITH CBDT DATED 24-11-2015. THE LD. AR CONTENDED THAT IN VIEW OF RULE 10 RA OF THE INCOME TAX RULES, 1962 ANY APPEAL PENDING BEFORE THE A PPELLATE AUTHORITY FOR A ROLLBACK YEAR, ON THE ISSUE WHICH IS THE SU BJECT MATTER OF THE ROLLBACK PROVISION FOR THAT YEAR HAS TO BE WITHDRAW N BEFORE FURNISHING OF THE MODIFIED RETURN FOR THE SAID YEAR. FURTHER , ACCORDING TO THE PROVISION OF SECTION 92CD(1) OF THE ACT, THE MODIFIED RETURN HAS TO BE FILED WITHIN A PERIOD OF THREE MONTHS FROM THE END OF THE MONTH IN WHICH THE AGREEMENT WITH CBDT WAS ENTERED. ACCORDINGL Y, THE LAST DATE FOR FILING OF MODIFIED RETURN FOR THE ASSESSMENT YEAR U NDER APPEAL IS 29-02-2016. THE LD. AR PRAYED THAT THE ASSESSEE MAY BE PERMITTED TO WITHDRAW THE PRESENT APPEAL FOR THE AFORESAID REASONS. 3. SHRI S.B. MOREY REPRESENTING THE DEPARTMENT SUBMITTED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WISHES TO W ITHDRAW THE APPEAL. 4. WE HAVE HEARD THE SUBMISSIONS MADE BY THE REPRESEN TATIVES OF RIVAL SIDES. THE ASSESSEE HAS ENTERED INTO AN AGREEMENT WITH CBDT DATED 24-11-2015 AND IN PURSUANCE THEREOF IS FILING MODIFIED RETURN OF 3 ITA NO. 433/PN/2015, A.Y. 2010-11 INCOME FOR THE ROLLBACK YEARS INCLUDING THE ASSESSMENT YE AR UNDER APPEAL. THE ASSESSEE WISHES TO WITHDRAW THE APPEAL TO COMPLY WITH THE PROVISIONS OF RULE 10RA OF THE INCOME TAX RULES, 1962. THE ASSESSEE IS PERMITTED TO WITHDRAW THE APPEAL AS PRAYED FOR. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN IN THE AFORESAID TERMS. ORDER PRONOUNCED IN THE OPEN COURT AFTER HEARING ON TUESDAY, THE 19 TH DAY OF JANUARY, 2016. SD/- SD/- ( . . / R.K. PANDA) ( ! ' / VIKAS AWASTHY) #' / ACCOUNTANT MEMBER $ % #' / JUDICIAL MEMBER / PUNE; &# / DATED : 19 TH JANUARY, 2016 RK *+,%-.#/#)- / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. DRP, PUNE 4. DIT(IT), PUNE 5. !'( %%)* , )* , + +,- , / DR, ITAT, B BENCH, PUNE. 6. ( . /0 / GUARD FILE. // ! % // TRUE COPY// #1 / BY ORDER, %2 )- / PRIVATE SECRETARY, )* , / ITAT, PUNE