ERICSSON INDIA PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

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ITA 1700/DEL/2016Status: DisposedITAT Delhi09 February 2022AY 2011-122 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 assessee requested to withdraw the appeal due to the advance pricing agreement. The Tribunal allowed the withdrawal request.

What were the facts?

The assessee filed an appeal against an assessment order for AY 2011-12. The assessee later entered into a unilateral advance pricing agreement with the CBDT regarding international transactions.

What were the issues?

Whether an appeal can be withdrawn if the underlying issue is resolved by an advance pricing agreement.

Which sections of the Income-tax Act were involved?

Section 144C,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH : I-1 : NEW DELHI

Before: SHRI R.K. PANDA & SHRI YOGESH KUMAR US

For Appellant: Ms Sumisha Murgai, AR
For Respondent: Shri Surender Pal, CIT, DR
Hearing: 09.02.2022Pronounced: 09.02.2022

ORDER

PER R.K. PANDA, AM:

1.

This appeal filed by the assessee is directed against the order passed u/s 144C r.w.s. 143(3), dated 29.01.2016, relating to assessment year 2011-12.

2.

The ld. Counsel for the assessee filed an application seeking withdrawal of the appeal on the ground that the assessee has entered into a unilateral advance pricing agreement with the CBDT on 4th December, 2019 in respect of the international transactions undertaken by the assessee. The subject international transaction which is currently under dispute includes receipt of second line support services by the assessee from its AEs. She accordingly submitted that the assessee wants to withdraw the appeal. In absence of any objection from the side of the ld. DR, the request of the assessee seeking permission of the Bench for withdrawal of the appeal is allowed and the appeal filed by the assessee is dismissed as ‘withdrawn.’

3.

In the result, the appeal filed by the assessee is dismissed.

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