M/S. RENDINGTON DISTRIBUTION PVT LTD,SINGAPORE vs. ACIT , INTERNATIONAL TAXATION, CIRLCE-2(1),, CHENNAI

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ITTPA 56/CHNY/2022Status: DisposedITAT Chennai11 September 2024AY 2017-20182 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 noted the assessee's submission that the transfer pricing issues had been discussed and concluded with the Inland Revenue Authority of Singapore under the Mutual Agreement Procedure (MAP) as per Article 27 of the DTAA between India and Singapore. In light of this development and the assessee's request for withdrawal, the Tribunal decided to dismiss all three appeals as withdrawn. The operative direction was to dismiss the appeals. No issues were expressly left undecided.

What were the facts?

The assessee, M/s. Redington Distribution Pte Limited, Singapore, filed three appeals (IT(TP)A No.56/Chny/2022 for AY 2017-18, IT(TP)A No.57/Chny/2022 for AY 2018-19, and IT(TP)A No.67/Chny/2023 for AY 2020-21) against the respondent, The Assistant Commissioner of Income Tax, International Taxation, Circle-2(1), Chennai. The appeals involved common issues, primarily transfer pricing matters. The assessee informed the Tribunal that the transfer pricing issues had been discussed and concluded with the Inland Revenue Authority of Singapore under the Mutual Agreement Procedure (MAP) as per Article 27 of the Double Taxation Avoidance Agreement (DTAA) between India and Singapore. Consequently, the assessee requested the withdrawal of its appeals.

What were the issues?

1. Whether the appeals, involving transfer pricing issues for Assessment Years 2017-18, 2018-19, and 2020-21, should be dismissed as withdrawn, given that the underlying transfer pricing disputes have been resolved through the Mutual Agreement Procedure (MAP) under Article 27 of the India-Singapore DTAA. Assessee's Contention: The assessee argued that the transfer pricing issues had been concluded with the Inland Revenue Authority of Singapore under the MAP. Based on this resolution, the assessee requested the withdrawal of the appeals filed before the Tribunal. Revenue's Contention: The judgment does not record any specific contention from the revenue regarding the withdrawal request. However, the revenue was represented by Smt. Gouthami Manivasagam, JCIT.

Which sections of the Income-tax Act were involved?

Article 27

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH: CHENNAI

Before: SHRI ABY T VARKEY & SHRI AMITABH SHUKLA

Hearing: 06.09.2024Pronounced: 11.09.2024

आयकर अपीलीय अधिकरण, ‘डी’ न्यायपीठ, चेन्नई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘D’ BENCH: CHENNAI श्री एबी टी. वर्की, न्याययर्क सदस्य एवं श्री अमिताभ शुक्ला, लेखा सदस्य के समक्ष BEFORE SHRI ABY T VARKEY, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER आयकर अपील सं./IT(TP)A No.56/Chny/2022 Assessment Year: 2017-18 IT(TP)A No.57/Chny/2022 Assessment Year: 2018-19 IT(TP)A No.67/Chny/2023 Assessment Year: 2020-21

M/s. Redington Distribution Pte The Assistant Commissioner of Limited, Vs. Income Tax, No.60, Robinson Road, International Taxation, No.12-02, BEA Building, Circle-2(1), Singapore- 068892. Chennai. [PAN: AAECR7054E] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee by : Shri Ashik Shah, CA प्रत्यर्थी की ओर से /Revenue by : Smt.Gouthami Manivasagam,JCIT सुनवाई की तारीख/Date of Hearing : 06.09.2024 घोषणा की तारीख /Date of Pronouncement : 11.09.2024 आदेश / O R D E R PER AMITABH SHUKLA, A.M :

The above three appeals bearing IT(TP)A No.56/Chny/2022 Assessment Year: 2017-18, IT(TP)A No.57/Chny/2022 Assessment Year: 2018-19 and IT(TP)A No.67/Chny/2023 Assessment Year: 2020-21 Have common issues, inter-alia, involving transfer pricing issues and hence are being disposed off by this common order.

IT(TP)A No.56, 57/Chny/2022 & IT(TP)A No.67/Chny/2023 :- 2 -: 2.0 It has been informed by the assesse that the transfer pricing issue at hand have been discussed and concluded by it with Inland Revenue Authority of Singapore for mutual agreement procedure within the meanings of Article-27 of DTAA between India and Singapore. Accordingly, a request was made for withdrawal of appeal. 3.0 In view of the above, the above three appeals are dismissed as withdrawn. 4.0 In the result, the appeals at IT(TP)A No.56/Chny/2022, IT(TP)A No.57/Chny/2022 & IT(TP)A No.67/Chny/2023 for Assessment Year: 2017-18 Assessment Year: 2018-19 Assessment Year: 2020-21 respectively are dismissed as withdrawn. Order pronounced on 11th, September-2024. Sd/- Sd/- ( एबी टी. वकी) (अमिताभ शुक्ला) (ABY T VARKEY) (AMITABH SHUKLA) न्याययक सदस्य / Judicial Member लेखा सदस्य /Accountant Member चेन्नई/Chennai, ददनांक/Dated: 11th, September-2024. KB/- आदेश की प्रयतललपप अग्रेपषत/Copy to: 1. अपीलार्थी/Appellant 2. प्रत्यर्थी/Respondent 3. आयकर आयुक्त/CIT - 4. पवभागीय प्रयतयनधि/DR 5. गाडड फाईल/GF

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