MGB METRO GROUP BUYING HK LTD. - INDIA LIAISON OFFICE (GEMEX TRADING LTD.), GURGAON V. ACIT, CIRCLE- 1(2), INTL. TAXATION, NEW DELHI

ITA 5840/DEL/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4801 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2001-2002
• Appeal Filed On: 12-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: U DO VOGT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI D BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER & SHRI O.P.KANT, ACCOUNTANT MEMBER ITA NOS.5840, 5843 & 5844/DEL/2017 ASSESSMENT YEARS : 2001-02, 2004-05, 2005-06 MGB METRO GROUP BUYING HK LTD.,0INDIA LIAISON OFFICE (GEMEX TRADING LTD.), 5 TH TOWER, DELTA TOWER, BUILDING NO.54, SECTOR-44, GURGAON-122003. PAN-AAECM3289J VS ACIT, CIRCLE-1(2), INTERNATIONAL TAXATION, NEW DELHI PAN-AAACM1497Q APPELLANT RESPONDENT APPELLANT BY SH. U DO VOGT, AR RESPONDENT BY NONE DATE OF HEARING 30.09.2021 DATE OF PRONOUNCEMENT 30.09.2021 ORDER PER KUL BHARAT, JM : THESE APPEALS FILED BY THE ASSESSEE PERTAINING TO A SSESSMENT YEARS 2001-02, 2004-05, 2005-06 ARE DIRECTED AGAINST THE SEPARATE ORDERS OF LD. CIT(A)-XI, NEW DELHI, ALL DATED 01.02.2013 RESPECT IVELY. 2. FACTS GIVING RISE TO THE PRESENT APPEALS ARE THA T THE ASSESSEE COMPANY HAD SET UP A LIAISON OFFICE (LO) IN INDIA PURSUAN T TO RBIS APPROVAL DATED 27.02.2004. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE COMPANY HAD DEPOSITED THE TAX LIABILITY INCLUDING I NTEREST AS DETERMINED IN THE ASSESSMENT ORDER. FURTHER, THE ASSESSEE COMPANY HA D ALSO PAID THE PENALTY LEVIED PURSUANT TO THE ADDITIONS MADE IN THE ASSESS MENT ORDER. LD. COUNSEL FOR THE ASSESSEE FURTHER SUBMITTED THAT THE ASSESSEE CO MPANY HAS ALREADY CLOSED ITA NOS.5840, 5843 & 5844/DEL/2017 ASSESSMENT YEARS : 2001-02, 2004-05, 2005-06 2 | P A GE ITS BUSINESS OPERATIONS IN INDIA W.E.F. 30.04.2018 AND WAS IN THE PROCESS OF OBTAINING SUITABLE APPROVALS FOR CLOSURE OF THE LO REGISTRATION AS WELL. THEREFORE, THE ASSESSEE COMPANY DOES NOT WISH TO C ONTINUE ANY LITIGATION OR APPEAL IN INDIA. 3. IN VIEW OF THE ABOVE SUBMISSIONS MADE BY THE LD. COUNSEL FOR THE ASSESSEE, COUPLED WITH LETTER BY THE AUTHORIZED SIG NATORY I.E. DIRECTOR OF THE ASSESSEE COMPANY SEEKING PERMISSION TO WITHDRAW THE APPEALS. WE HEREBY, DISMISS THESE APPEALS AS WITHDRAWN. 4. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE D ISMISSED AS WITHDRAWN. ABOVE DECISION WAS PRONOUNCED ON CONCLUSION OF VIRT UAL HEARING ON 30 TH SEPTEMBER, 2021. SD/- SD/- (O.P.KANT) (KUL B HARAT) ACCOUNTANT MEMBER JUDICIA L MEMBER *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI