BBC GLOBAL NEWS LTD. (EARLIER KNWON AS BBC WORLD NEWS LTD.),NEW DELHI vs. DCIT, CIRCLE- 1(1)(2), INTERNATIONAL TAXATION, NEW DELHI

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ITA 6052/DEL/2019Status: HeardITAT Delhi23 December 2022AY 2016-172 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal. The appeal was dismissed as withdrawn based on the MAP resolution.

What were the facts?

The assessee had invoked the Mutual Agreement Procedure (MAP) under the DTAA. A resolution was arrived at regarding the assessment of income. The assessee wished to withdraw its appeal based on this resolution.

What were the issues?

Whether an appeal can be withdrawn by the assessee after a resolution under the Mutual Agreement Procedure (MAP) of the DTAA has been reached.

Which sections of the Income-tax Act were involved?

Section 90

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘FRIDAY-D’ Bench : NEW DELHI

For Respondent: Shri Sanjay Kumar, Sr. DR
Hearing: 23.12.2022Pronounced: 23.12.2022

This appeal by the Assessee for the assessment year 2016-17 is directed against the Order of the Learned Assistant Commissioner of Income Tax, Circle Int. Taxation 1(1)(2), New Delhi.

2.

None appeared on behalf of the Assessee before us at the time of hearing. However, the Ld. Authorised Signatory of the Assessee Company vide his letter dated 13.12.2022 has submitted that the assessee had earlier invoked the provisions of Article 27 – Mutual Agreement Procedure (MAP) of the DTAA and filed an application in this regard with the Competent Authority of UK on 10th (AY 2016-17) BBC GLOBAL NEWS LTD. VS. DCIT July, 2019. It was further submitted in the aforesaid letter that Resolution under MAO has been arrived at with respect to the assessment of income of the assessee, as per the provision of Section 90 of the Act read with Article 27 of DTAA. To support this contention, a copy of communication of Resolution under MAP, dated 25th November, 2022 issued by the Foreign Tax & Tax Research Division-I(1), Central Board of Direct Taxes, New Delhi has been filed which is placed on record. In this backdrop, the assessee wishes to withdraw its appeal for AY 2016- 17.

3.

Ld. Sr. DR did not oppose the aforesaid prayer of the assessee’s authorized signatory made vide letter dated 13.12.2022.

4.

In view of the above factual matrix, we deem it proper to allow the request of the assessee’s authorized signatory for withdrawal of the captioned appeal and the same is dismissed as withdrawn.

5.

Resultantly, the captioned appeal is dismissed. Order pronounced in the Open Court on 23rd December, 2022.

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