YKK India P. Ltd, New Delhi V. ACIT, Circle-27(2), New Delhi

ITA 7632/DEL/2019

• Counselvise Citation: [NaN] 107 COUNSELVISE.COM (IT) 2172 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I2
• Assessment Year: 2015-2016
• Appeal Filed On: 17-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MAHESH SHAH
• Assessee Lawyers: S. CHAKARBORTY
• Keywords: Transfer pricing; International transaction
• Section: 143(3)

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “I-2”: NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS. ASTHA CHANDRA, JUDICIAL MEMBER ITA No. 7632/Del/2019 Asstt. Year : 2015-16 O R D E R PER ASTHA CHANDRA, JM The appeal of the assessee is preferred against the order of Ld. ACIT, Circle 27(2), Delhi dated 19.07.2019 under section 143(3) read with section 144C(13) of the Income Tax Act, 1961 (“Act”) pertaining to the assessment year (“AY”) 2015-16. 2. The Ld. AR for the assessee, vide letter dated 28.04.2022 has requested for withdrawal of the appeal on the ground that the assessee had filed an application for Unilateral Advance Pricing Agreement (“APA”) on YKK India P Ltd. R13 and 14, LGF Ansal Chambers-2, 6, Bhikaji Cama Place, New Delhi – 110 066 PAN AAACY0201G Vs. ACIT Circle-27(2) New Delhi. (Appellant) (Respondent) Assessee by: Shri S. Chakarborty, Advocate Department by : Shri Mahesh Shah, CIT- DR Date of Hearing 02.05.2022 Date of pronouncement 02.05.2022 ITA No. 7632/Del/2019 2 27.03.2018 in respect of all the international transactions undertaken by the assessee with its Associated Enterprises. The said APA covers the transactions pertaining to payment of royalty, payment of intra-group services and provision of support services which were disallowed by the Ld. TPO and upheld by the Ld. DRP/AO against which the assessee had preferred this appeal. The APA has been signed on 30.03.2022 and it covers the period from AY 2015-16 to AY 2022-23. A copy of the APA is also filed. 3. The Ld. CIT (DR) has no objection for withdrawal of the appeal. 4. In view of the above, we accept the request of the assessee for withdrawal of the appeal. Consequently, the appeal is dismissed as withdrawn. 5. In the result, the appeal of the assessee is dismissed. Order pronounced in the open court at time of hearing on 2 nd May, 2022. sd/- sd/- (R.K. PANDA) (ASTHA CHANDRA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 02/05/2022 Veena Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi Date of dictation Date on which the typed draft is placed before the dictating Member Date on which the typed draft is placed before the Other Member Date on which the approved draft comes to the Sr. PS/PS Date on which the fair order is placed before the Dictating Member for ITA No. 7632/Del/2019 3 pronouncement Date on which the fair order comes back to the Sr. PS/PS Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order