MICROSOFT INDIA (R&D) PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 6(1), NEW DELHI

The Ld. AR for the assessee, vide letter dated 13.04.2022 has requested for withdrawal of the appeal on the ground that the assessee’s associated enterprise (“AE”) in the United States of America (“USA”), namely Microsoft Corporation had filed an application under Mutual Agreement Procedure (“MAP”) before USA Competent Authority to resolve the dispute relating to determination of arm’s length price for the transfer pricing adjustment made in the assessment order dated 17.11.2008 under Article 27 of India-USA Double Tax Avoidance Agreement . The assesee has received a copy of the communication issued by the Indian Competent Authority on 04.04.2022 informing the assessee about the resolution under MAP proceedings for the A.Y 2005-06. The MAP resolution has specified relief to be granted on account of transfer pricing adjustments in relation to the assessee’s AE i.e Microsoft Corporation. Since the assessee has opted for acceptance of the aforesaid MAP resolution, the assessee wishes to withdraw all the grounds of appeal raised in the captioned appeal ( A.Y 2005-06.

Ld. CIT(DR) has no objection for withdrawal of the appeal.

In view of the above, we accept the request of the assessee for withdrawal of the appeal. Consequently, the appeal is dismissed as withdrawn.

In the result, the appeal of the assessee is dismissed.