OLYMPUS MEDICAL SYSTEM INDIA PRIVATE LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3, GURUGRAM
What did the High Court hold?
The High Court, upon being informed by the assessee's senior counsel that instructions had been received to withdraw the appeal, granted the permission. The Court ordered accordingly, allowing the withdrawal of the appeal. The Court also expressed no doubt that the TPO/Assessing Officer would adjudicate the matter expeditiously. The operative direction was the withdrawal of the appeal. No specific issue was decided on merits by the High Court, as the appeal was withdrawn. The ancillary applications (CM Nos.27874 and 27875-CII of 2017) were rendered infructuous in view of the order passed in the main appeal.
What were the facts?
The appeal was filed by Olympus Medical Systems India Pvt. Ltd. (the assessee) against the order dated July 12, 2017, passed by the Income Tax Appellate Tribunal (ITAT), Bench-I, New Delhi. The respondent was the Deputy Commissioner of Income Tax. The ITAT's order had remanded the matter back to the Transfer Pricing Officer (TPO)/Assessing Officer for fresh adjudication. The assessee's senior counsel, on instructions, sought permission to withdraw the appeal before the High Court, with liberty to raise all contentions before the TPO/Assessing Officer.
What were the issues?
1. Whether the assessee is entitled to withdraw the appeal filed before the High Court, with liberty to raise all contentions before the TPO/Assessing Officer, given that the ITAT has remanded the matter for fresh adjudication. Contentions: Assessee: Submitted through senior counsel that since the ITAT's impugned order remanded the matter to the TPO/Assessing Officer for fresh adjudication after prima-facie accepting various contentions, the assessee may be permitted to withdraw the appeal with liberty to raise all contentions before the TPO/Assessing Officer. Revenue: No arguments were recorded for the revenue in the judgment.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH I.T.A. No.545 of 2017 (O&M) Date of Decision: December 22, 2017 Olympus Medical Systems India Pvt. Ltd. ......Appellant versus Deputy Commissioner of Income Tax .....Respondent CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE SUDHIR MITTAL.
*** Present: Mr.Akshay Bhan, Senior Advocate with Mr.Surjeet Bhadu, Advocate, for the appellant. -.- Surya Kant, J
. (Oral) The instant ITA is directed against the order dated 12.07.2017 passed by the Income Tax Appellate Tribunal, Bench-I, New Delhi. Learned senior counsel for the appellant, on instructions, submits that since the Tribunal has vide the impugned order remanded the matter to the TPO/ Assessing Officer for fresh adjudication after prima-facie accepting various contentions raised on behalf of the appellant, he may be permitted to withdraw this appeal with liberty to raise all the contentions before the TPO/Assessing Officer. Ordered accordingly. We have no reason to doubt that the TPO/Assessing Officer shall adjudicate the matter expeditiously. CM Nos.27874 and 27875-CII of 2017 In view of the order passed in main appeal, these applications have rendered infructuous.
[SURYA KANT]
JUDGE December 22, 2017 [SUDHIR MITTAL] mohinder
JUDGE Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Mohinder Kumar Kamboj 2018.01.08 12:17 I attest to the accuracy and integrity of this document Chandigarh
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