Appeal Details
Counselvise Citation
[2017] 127 COUNSELVISE.COM (IT) 3055 (ITAT-DELHI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 year(s) 11 month(s) 23 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
11-12-2017
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
I
Assessment Year
2005-2006
Appeal Filed On
19-12-2014
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-2, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO. 6855 / DEL/20 14 A.Y : 2005 - 06 M/S XEROX INDIA LIMITED, 5 TH & 6 TH FLOOR, BLOCK ONE, VATIKA BUSINESS PARK, SECTOR-49, SHONA ROAD, GURGAON 122017 (PAN: AAACM8634R) VS. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-20, NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : MS. BHARTI SHARMA, CA DEPARTMENT BY : SH. PIYUSH JAIN, CIT(DR) ORDER PER H.S. SIDHU, JM THE ASSESSEE HAS FILED THIS APPEAL AGAINST THE ORDER DATED 30/9/2014 PASSED BY THE LD. C IT(A)-XXIX, NEW DELHI RELATING TO ASSESSMENT YEAR 2005-06. 2. DURING THE HEARING, MS. BHARTI SHARMA, CA/ AUTHOR IZED REPRESENTATIVE OF THE ASSESSEE HAS SOUGHT PERMISSION TO WITHDRAW THE ITA NO. 6855/DEL/2014 BY FILING THE APPLICATION D ATED 11.12.2017. SHE HAS ALSO FILED THE VAKALATNAMA IN HE R FAVOUR. THE CONTENTS OF THE AFORESAID APPLICATION DATED 11.12.201 7 READ AS UNDER:- 2 THE HEARING OF THE CAPTIONED APPEAL IS FIXED BEFOR E YOUR HONOUR FOR TODAY 11.12.2017. THE APPELLANT SEEKS TO WITHDRAWS THE SAME. THE REASON TO WITHDRAW THE APPEAL IS THAT THE APPELLANT HAD FILED THE CAPTIONED APPEAL AGAINST THE ORDER OF LD. CIT(A) DATED 30.9.2014 WHEREIN HE HAD GIVEN SOME DIRECTIONS. THE LD. TRANSFER PRICING OFFICER WHILE GIVING EFFECT TO THE DIRECTIONS OF LD. CIT(A), RECOMPUTED THE MARGIN AND DELETED THE ENTIRE DEMAND ARISING OUT OF TRANSFER PRICING ADDITION VIDE HIS ORDER DATED 24.12.2014 (COPY OF APPEAL EFFECT ORDER DATED 24.12.2014 IS ATTACHED HEREWITH FOR YOUR KIND REFERENCE AND RECORD). SINCE THE DEPARTMENT HAS NOT RAISED ANY GROUND ON TRANSFER PRICING ADDITION IN ITS APPEAL 6610/14 PENDING BEFORE HONBLE C BENCH AND THE ISSUE IS IN ASSESSEES FAVOUR, WE HUMBLY PRAYED YOUR HONOUR THAT THE CAPTIONED APPEAL MAY KINDLY BE WITHDRAWN IN THE INTEREST OF JUSTICE. 3. LD. DR HAS NOT RAISED ANY OBJECTION TO THE REQUEST OF THE ASSESSEES AUTHORISED REPRESENTATIVE. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RECO RDS, ESPECIALLY THE APPLICATION DATED 11.12.2017 FILED BY MS. BHARTI SHARMA, CA/AUTHORISED REPRESENTATIVE OF THE ASSESSEE FOR WITHDRAWAL OF APPEAL. KEEPING IN VIEW OF THE FACTS AN D CIRCUMSTANCES OF THE CASE, WE ACCEPT THE AFORESAID RE QUEST OF THE ASSESSEES AUTHORIZED REPRESENTATIVE FOR WITHDRAWAL OF THE APPEAL AND ACCORDINGLY, WE DISMISS APPEAL AS WITHDRAWN. 3 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11/12/2017. SD/- SD/- [PRASHANT MAHARISHI] [H.S. SIDHU] ACCOUNTANT MEMBER JUDICIAL MEMBER DATE 11/12/2017 SRBHATNAGAR COPY FORWARDED TO: - 1. APPELLANT - 2. RESPONDENT - 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES
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