M/S. ABB GLOBAL INDUSTRIES AND SERVICES PVT LTD,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), BANGALORE

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ITTPA 259/BANG/2023Status: HeardITAT Bangalore28 June 2023AY 2017-182 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal decided to dismiss the appeal as withdrawn. The reasoning was based on the assessee's request for withdrawal, supported by a rectification order from the TPO dated 16.06.2023. This rectification order had led to the deletion of the adjustment that formed the basis of the original appeal. The Tribunal heard both parties and, acknowledging the rectification and the assessee's request, proceeded to dismiss the appeal. No other issues were decided on merits. The operative direction was the dismissal of the appeal.

What were the facts?

The assessee, ABB Global Industries & Services Private Ltd., filed an appeal before the Income Tax Appellate Tribunal (ITAT), Bangalore Bench, against the final assessment order dated 28.02.2022. This order was passed by the National Faceless Assessment Centre (NFAC), Delhi, under sections 143(3), 144C(13), and 144B of the Income-tax Act, 1961, for the assessment year 2017-18. The appeal was heard on 28.06.2023. During the hearing, the authorized representative for the assessee requested to withdraw the appeal.

What were the issues?

1. Whether the appeal filed by the assessee should be dismissed as withdrawn? (Procedural issue) The assessee's authorized representative argued that the appeal should be withdrawn because the Transfer Pricing Officer (TPO) had issued a rectification order dated 16.06.2023, which resulted in the deletion of the adjustment that was the subject of the appeal. The assessee relied on this rectification order as the basis for seeking withdrawal. The revenue's position was heard, and the appeal was considered for dismissal as withdrawn.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI GEORGE GEORGE K. & SHRI LAXMI PRASAD SAHU

For Appellant: Shri Chavali Narayan, CA
For Respondent: Shri D.K. Mishra, CIT(DR)(ITAT), Bengaluru
Hearing: 28.06.2023Pronounced: 28.06.2023

Per Laxmi Prasad Sahu, Accountant Member This appeal by the assessee is against the final assessment order DIN ITBA/AST/S/143(3)/2021-22/1040196605(1) dated 28.02.2022 passed u/s. 143(3) r.w.s. 144C(13) r.w.s. 144B of the Income-tax Act, 1961 [the Act] by the National Faceless Assessment Centre, Delhi [NFAC], Delhi for the assessment year 2017-18.

IT(TP)A No.259/Bang/2023 Page 2 of 2

2.

During the course of hearing, the ld. AR for the assessee sought withdrawal of the appeal filed by the assessee on the ground that the assessee has rectification order from the TPO on the issue of appeal resulting in deletion of adjustment. Copy of the rectification order dated 16.6.2023 is placed on record. Accordingly, after hearing both the parties, the appeal by the assessee is dismissed as withdrawn.

Pronounced in the open court on this 28th day of June, 2023.

Sd/- Sd/-

( GEORGE GEORGE K.) (LAXMI PRASAD SAHU ) VICE PRESIDENT ACCOUNTANT MEMBER

Bangalore, Dated, the 28th June, 2023. /Desai S Murthy / Copy to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT, Bangalore. By order

Assistant Registrar ITAT, Bangalore.

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