Mc KINSEY & COMPANY INC, MUMBAI V. ADIT (IT) 4(1), MUMBAI

ITA 7670/MUM/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4395 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Next Hearing Date: 23-02-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 26-12-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Competent authority
• Section: 143(3); 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL K, BENC H MUMBAI BEFORE SHRI PRAMOD KUMAR, AM & SHRI PAWAN SIN GH, JM IT(TP)A NO.7670/MUM /2012 (ASSESSMENT YEAR : 2008-09) MCKINSEY & COMPANY. INC. C/O S R B C & ACCOCIATES, 14 TH FLOOR, THE RUBY, SENAPATI BAPAT MARG, DADAR (W), MUMBAI-400028 VS. ASST.DIT(IT)-4(1), SCINDIA HOUSE, BALLARD ESTATE, MUMBAI-400038. PAN/GIR NO.: AA ACM8361R ( APPELLANT ) .. ( RESPONDENT ) IT(TP)A NO.1600/MU M/2014 (ASSESSMENT YEAR : 2009-10) MCKINSEY & COMPANY. INC. C/O S R B C & ACCOCIATES, 14 TH FLOOR, THE RUBY, SENAPATI BAPAT MARG, DADAR (W), MUMBAI-400028 VS. ASST.DIT(IT)-4(1), SCINDIA HOUSE, BALLARD ESTATE, MUMBAI-400038. PAN/GIR NO.: AA ACM8361R ( APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI SONIA AGARWAL REVENUE BY : SHRI NARENDRA CHAND (DR) DATE OF HEARING : 04/01/2016 DATE OF PRONOUNCEMENT: 08/01/2016 O R D E R PER PAWAN SINGH, JM: THESE TWO APPEALS ARE FILED BY THE ASSESSEE AGAINST THE ORDER OF DRP U/S.144C(13) R.W.S 143(3) OF THE INCOME TAX ACT, 19 61 (THE ACT) DATED 28. 09. 2012 IN RESPECT OF AY 2008-09 AND DIRECTION OF DRP U/S. 14 4 C(13) R.W.S 143(3) DATED 18.12.2013, IN RESPECT OF AY- 2009-10, RESPECTIVEL Y. 2. THE AUTHORIZED REPRESENTATIVE (AR) OF THE ASSESS EE MADE A REQUEST FOR SEEKING PERMISSION TO WITHDRAW BOTH THE APPEALS AND CONTEND ED THAT AN APPLICATION FOR WITHDRAWAL OF THE PRESENT APPEALS HAS ALREADY BEEN FILED ON 15.12.2012. AR OF THE ASSESSEE FURTHER SUBMITTED THAT THE ASSESSEE FILED AN APPLICATION UNDER THE PROVISIONS OF ARTICLE 27 (MUTUAL AGREEMENT PROCEDURE) OF THE DOUB LE TAXATION AVOIDANCE AGREEMENT BETWEEN INDIA AND UNITED STATES OF AMERIC A (INDIA-US TAX TREATY) IN RESPECT OF ADJUSTMENT MADE BY THE ASSESSING OFFICER (AO) IN RESPECT OF FINAL ASSESSMENT ORDER FOR ASSESSMENT YEAR (AYS) 2008-09 AND 2009-10 AND THE COMPETENT AUTHORITY OF INDIA AND US HAVE RESOLVED THE CASE UNDER THE PROVI SIONS OF ARTICLE 27 OF THE INDIA-US TAX TREATY, COPY OF WHICH IS PLACED ON RECORD ALONG WITH THE ACCEPTANCE OF WHICH HAS ALREADY BEEN FILED WITH THE OFFICE OF AO WHICH FACT ARE NOT DISPUTED BY THE DR. 3. IN VIEW OF THE ABOVE OBSERVATION, THE PRESENT AP PEALS ARE DISPOSED OF AND DISMISSED AS WITHDRAWN. ITA NOS. 7670 & 1600/M/12 & 14 2 4. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN CO URT ON THIS 08 /01/2016. SD/- SD/- (PRAMOD KUMAR) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED : 08/01/2016 SK, PS COPY OF THE ORDER FORWARDED TO : / BY ORDER, / ( ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. //TRUE COPY/