Discovery Asia Inc., USA V. ADIT, New Delhi

ITA 5569/DEL/2011

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 3983 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 1 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 14-06-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 09-12-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RACHAN SINGH
• Assessee Lawyers: AKSHAY DOSHI
• Keywords: Double taxation relief; Competent authority
• Section: 90

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER ITA NO. 5569/DEL/2011 AND ITA NO. 2155/DEL/2014 A.YRS. : 2007-08 & 2009-10 DISCOVERY ASIA INC. USA ONE DISCOVERY PLACE, SILVER SPRING, MD-20910, USA (PAN: AABCD4333P) VS. ADIT, INTERNATIONAL TAXATION, CIRCLE 1(1), NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. AKSHAY DOSHI, CA DEPARTMENT BY : MS. RACHAN SINGH, CIT(DR) ORDER PER BENCH THESE TWO APPEALS FILED BY THE ASSESSEE FOR THE ASSESSMENT YEARS 2007-08 & 2009-10 ARE DIRECTED AGAINST THE SEPARATE ORDERS OF THE AO. 2. DURING THE COURSE OF HEARING, THE ASSESSEE MOVED APPLICATIONS STATING THEREIN THAT THE ASSESSEE HAD EARLIER INVOK ED THE PROVISIONS OF ARTICLE 27 MUTUAL AGREEMENT PROCEDURE (MAP) OF TH E DTAA AND HAD FILED AN APPLICATION WITH THE US COMPETENT AUTHORITY WHO VIDE RESOLUTION DATED 24.08.2017 ISSUED U/S. 90 OF THE INCOME TAX A CT, 1961 READ WITH ARTICLE 27 OF THE INDIA-USA DOUBLE TAXATION AVOIDAN CE AGREEMENT AND THE SAID RESOLUTION IS ACCEPTABLE TO THE ASSESSEE. THE LD. COUNSEL FOR THE ASSESSEE REITERATED THE CONTENTS OF THE AFORESAID A PPLICATIONS AND 2 REQUESTED TO TREAT THE APPEALS AS WITHDRAWN. THE LD . DR DID NOT OBJECT IF THE APPEALS ARE DISMISSED AS WITHDRAWN. 3. IN VIEW OF THE ABOVE, THE APPEALS ARE DISMISSED AS WITHDRAWN. 4. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON 11/01/2018. SD/- SD/- [O.P. KANT] [H.S. SIDHU] ACCOUNTANT MEMBER JUDICIAL MEMBER DATE 11/01/2018 SRBHATNAGAR COPY FORWARDED TO: - 1. APPELLANT - 2. RESPONDENT - 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BE NCHES