IMSOFER MANUFACTURING INDIA PVT. LTD.,,PUNE vs. DCIT, NEW DELHI

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ITA 252/DEL/2017Status: DisposedITAT Delhi18 May 2026AY 2011-123 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 to withdraw the appeal as per their application. The withdrawal was based on an order giving effect which had deleted the entire transfer pricing adjustment.

What were the facts?

The assessee filed an appeal against an assessment order. During the hearing, the assessee's representative sought to withdraw the appeal.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to a favorable subsequent order that nullified the original adjustment.

Which sections of the Income-tax Act were involved?

Section 250,Section 143(3),Section 144C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “I” BENCH, DELHI

Before: SHRI S. RIFAUR RAHMAN & SHRI VIMAL KUMAR

For Appellant: Ms. Richa Aggarwal AR, Shri Aman, CA
For Respondent: Ms. Garima Mathur, Sr. DR
Hearing: 18.05.2026Pronounced: 18.05.2026

P a g e | 1 ITA No. 252/Del/2017 Ferrero India P. ltd.

IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH, DELHI BEFORE SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER & SHRI VIMAL KUMAR, JUDICIAL MEMBER ITA No. 252/Del/2017, Assessment Year: 2011-12 Imsofer Manufacturing Vs. Deputy Commissioner of India Private Limited Income-tax, (Now known as Ferrero Circle 12(1), India Private Limited New Delhi 8th Floor, Tower-3, World Trade Centre, Survey No.1, Kharadi, Pune-411014, Maharashtra �थायीलेखासं./जीआइआरसं./PAN/GIR No: AABC16450N Appellant .. Respondent

Appellant by : Sh. Jay Dhingra, Ms. Richa Aggarwal AR Shri Aman, CA Respondent by : Ms. Garima Mathur, Sr. DR

Date of Hearing 18.05.2026 Date of Pronouncement 18.05.2026

P a g e | 2 ITA No. 252/Del/2017 Ferrero India P. ltd.

O R D E R PER VIMAL KUMAR, JM: The appeal filed by the assessee is against order dated 12.08.2016 passed by the ld. Commissioner of Income Tax (Appeals)-44, New Delhi (hereinafter referred to as “Ld. CIT(A)”), under section 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) arising out of assessment order dated 30-04-2015 passed by the Ld. AO/ Deputy Commissioner of Income Tax, Circle 9(1), under section 143(3) r.w.s. 144C of the Act for Assessment year (‘AY’) 2011-12.

2.

At the time of hearing, Ld. Authorized Representative (‘AR’) for the appellant/assessee referred to the application dated 15.05.2026 seeking withdrawal of appeal. Ld. Authorized Representative for the appellant/assessee submitted that order giving effect had deleted the entire transfer pricing adjustment. Accordingly, the appellant requested for withdrawal of the appeal.

P a g e | 3 ITA No. 252/Del/2017 Ferrero India P. ltd.

3.

Ld. Departmental Representative had no objection. 4. In view of above submissions, especially the application dated 15.05.2026 seeking withdrawal of appeal, the appeal is allowed to be withdrawn. 5. In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 18.05.2026

Sd/- Sd/- (S. RIFAUR RAHMAN) (VIMAL KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 18.05.2026 Binita, Sr. PS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI

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