McKINSEY KNOWLEDGE CENTRE BELGIUM INC., MUMBAI V. DDIT (IT) 4(1), MUMBAI

ITA 7619/MUM/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 62494 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 03-11-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: DIVESH CHAWLA SHRI PAVAN V ED
• Keywords: Competent authority

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'G' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI RAJENDRA, ACCOUNTANT MEMBER ITA NO. A.Y. ASSESSEE PAN 8776/MUM/2011 2007-08 MCKINSEY INTERNATIONAL, INC. AAACM7228F 1503/MUM/2011 2005-06 MCKINSEY & CO. INC., UNITED STATES AAACM7219C 8768/MUM/2011 2007-08 MCKINSEY & CO. INC., UNITED STATES AAACM7219C 7554/MUM/2010 2007-08 MCKINSEY & CO. INC., RUSSIA AABCM1172B 7593/MUM/2010 2007-08 MCKINSEY INCORPORATED, MUMBAI AAACM7221N 7594/MUM/2010 2006-07 MCKINSEY & CO. INC., UNITED STATES AAACM7219C 7597/MUM/2010 2007-08 MCKINSEY & CO. INC., MALASIA AABCM0986H 7598/MUM/2010 2007-08 MCKINSEY & CO. INC., HONG KONG AAACM7230R 7599/MUM/2010 2007-08 MCKINSEY & CO. INC., FRANCE AAACM7223Q 7600/MUM/2010 2007-08 MCKINSEY & CO. INC., ITALY AACM7266M 7601/MUM/2010 2007-08 MCKINSEY & CO. INC., FINLAND AAACM7229E 7602/MUM/2010 2007-08 MCKINSEY & CO. INC., HUNGARY AABCM0987G 7603/MUM/2010 2007-08 MCKINSEY & CO. INC., PRAGUE AAFCM2922F 7604/MUM/2010 2007-08 MCKINSEY & CO. INC., COLOMBIA AABCM0995L 7605/MUM/2010 2007-08 MCKINSEY & CO. INC., JAPAN AAACM7224K 7606/MUM/2010 2007-08 MCKINSEY & CO. INC., NORWAY AAACM7225J 7607/MUM/2010 2007-08 MCKINSEY & CO. INC., SWITZERLAND AAACM7251Q 7608/MUM/2010 2007-08 MCKINSEY & CO. INC., IRELAND AADCM3494Q 7609/MUM/2010 2007-08 MCKINSEY & CO. INC., AUSTRIA AAECM3955D 7610/MUM/2010 2007-08 MCKINSEY & CO. INC., ISRAEL AADCM3492J 7611/MUM/2010 2007-08 MCKINSEY & CO. INC., THE NETHERLANDS AAACM7234M ITA NO. 1503 +/MUM/2011 MCKINSEY & COMPANY, INC. 2 7612/MUM/2010 2007-08 MCKINSEY & CO. INC., CHILE AABCM8233B 7613/MUM/2010 2007-08 MCKINSEY & CO. INC., THAILAND AABCM0992P 7614/MUM/2010 2007-08 MCKINSEY & CO. INC., DENMARK AAACM7231Q 7615/MUM/2010 2007-08 MCKINSEY & CO. INC., INTERNATIONAL AADCM3493K 7616/MUM/2010 2007-08 MCKINSEY & CO. INC., LUXAMBURG AAACM7444F 7617/MUM/2010 2007-08 MCKINSEY PACIFIC RIM, INC. MUMBAI AAACM7233N 7618/MUM/2010 2007-08 MCKINSEY &CO. INC., ASIA AABCM7214R 7619/MUM/2010 2007-08 MCKINSEY KNOWLEDGE CENTRE, BELGIUM INC. AADCM3489P 7620/MUM/2010 2007-08 MCKINSEY &CO. INC., BELGIUM AAACM7232P 7621/MUM/2010 2007-08 MCKINSEY &CO. INC., SWEDEN AAACM7213J 7626/MUM/2010 2007-08 MCKINSEY &CO. INC., UNITED KINGDOM AAACM7227L 7627/MUM/2010 2007-08 MCKINSEY &CO. INC., WASHINGTON DC AAFCM2921C C/O. S.R. BATLIBOI & CO., 14TH FLOOR DY. DIRECTOR O F INCOME TAX THE RUBY, SENAPATI BAPAT MARG (INTERNATIONAL TAXATI ON) - 4(1) DADAR (W), MUMBAI 400028 VS. SCINDIA HOUSE, BALLARD ESTATE MUMBAI 400038 APPELLANT RESPONDENT APPELLANT BY: SHRI DIVESH CHAWLA RESPONDENT BY: SHRI PAVAN V ED DATE OF HEARING: 31.05.2012 DATE OF PRONOUNCEMENT: 31.05.2012 O R D E R PER BENCH ALL THESE APPEALS ARE FILED AT THE INSTANCE OF THE ASSESSEE COMPANIES. THE ASSESSEES HAD FILED SEPARATE LETTERS IN EACH OF THE APPEALS UNDER ARTICLE 27 OF THE DOUBLE TAX AVOIDANCE AGREEMENT BETWEEN IN DIA AND UNITED STATES IN RESPECT OF ADJUSTMENTS MADE IN THE ASSESSMENT OR DERS. THEREAFTER THE COMPETENT AUTHORITIES OF INDIA AND UNITED STATES HA VE RESOLVED THE CASES AND CLOSING LETTERS HAVE BEEN ISSUED TO THE ASSESSE ES FROM UNITES STATES COMPETENT AUTHORITY. THE LEARNED COUNSEL FOR THE AS SESSEE SUBMITTED BEFORE ITA NO. 1503 +/MUM/2011 MCKINSEY & COMPANY, INC. 3 US THAT THE APPEALS FIXED FOR HEARING TODAY ARE PER MITTED TO BE WITHDRAWN IN THE LIGHT OF THE ABOVE DEVELOPMENT. IN SUM AND SUBS TANCE, ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEALS. 2. THE LEARNED CIT-DR, HOWEVER, SUBMITTED THAT L BEN CH D.R. IS HANDLING THESE APPEALS AND HENCE HE IS NOT COMPETEN T TO ASSIST THE BENCH EVEN IN REGARD TO AN APPLICATION FILED BY THE ASSES SEE SEEKING WITHDRAWAL OF ITS APPEALS. 3. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LEARNED C OUNSEL AS WELL AS THE LEARNED CIT-DR. IN OUR OPINION, ORDINARILY A PE RSON COMPETENT TO FILE AN APPEAL SHOULD ALSO HAVE THE LIBERTY TO WITHDRAW ITS APPEAL UNLESS THERE ARE GENUINE REASONS POINTED OUT BY THE REVENUE TO SHOW AS TO WHY THE APPEALS DESERVE TO BE CONTINUED. IN FACT, IF THE DEPARTMENT IS AGGRIEVED BY THE ORDERS OF THE LOWER AUTHORITIES, THEY COULD HAVE EITHER FI LED CROSS OBJECTIONS OR MOVED APPROPRIATE PETITIONS ACCORDINGLY. BUT NO SUC H MATERIAL IS AVAILABLE ON RECORD WHICH MAY INDICATE THAT THEY ARE AGGRIEVE D BY THE IMPUGNED ORDERS. SINCE THE ASSESSEE IS ALSO NOT AGGRIEVED BY THE IMPUGNED ORDERS, IN THE FORM OF FILING AN APPLICATION SEEKING WITHDRAWA L OF ITS APPEALS, WE DO NOT FIND ANY REASON AS TO WHY THE APPEALS SHOULD BE KEP T PENDING FOR A FORMAL NOD OF THE CONCERNED D.R. HAVING REGARD TO THE CIRC UMSTANCES OF THE CASE WE PERMIT THE ASSESSEES TO WITHDRAW THEIR APPEALS. 4. IN THE RESULT, APPEALS FILED BY THE ASSESSEES ARE D ISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST MAY 2012. SD/- SD/- (RAJENDRA) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATED: 31 ST MAY 2012 ITA NO. 1503 +/MUM/2011 MCKINSEY & COMPANY, INC. 4 COPY TO: 1. THE APPELLANTS 2. THE RESPONDENT 3. THE CIT(A) 11, MUMBAI 4. THE DIT (INTERNATIONAL TAXATION), MUMBAI 5. THE DR, G BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.