BBC WORLD DISTRIBUTION LTD.,NEW DELHI vs. DCIT, CIRCLE- 1(1)(2), INTERNATIONAL TAXATION, NEW DELHI

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ITA 4724/DEL/2017Status: DisposedITAT Delhi06 July 2021AY 2014-153 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 that the assessee had invoked the Mutual Agreement Procedure (MAP) under the India-UK DTAA and a resolution had been arrived at. The assessee accepted this resolution and wished to withdraw the appeal.

What were the facts?

The assessee, BBC World Distribution Ltd., filed an appeal against an order passed by the AO. During the hearing, the assessee's counsel submitted a written request to withdraw the appeal.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to a resolution reached under the Mutual Agreement Procedure (MAP) of the DTAA.

Which sections of the Income-tax Act were involved?

Section 144C(13),Section 143(3),Section 90

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘D’, NEW DELHI

Before: Sh. Amit ShuklaDr. B. R. R. Kumar

Hearing: 06.07.2021Pronounced: 06.07.2021

Per Amit Shukla, Judicial Member:

1.

The present appeal has been filed by the assessee against the order passed by the AO u/s 144C(13)/143(3) dated 26.05.2017.

2.

During the course of hearing, the ld. Counsel of the assessee submitted that he has the instruction to withdraw this appeal and gave in writing as under:

“Respected Members, This is in connection with the appeal filed by the Appellant originally before the ‘A’ Bench of the ITAT for 2 BBC World Distribution Ltd. assessment year 2014-15. In this regard, the Appellant wishes to submit, as under:

The Appellant is a company incorporated under the applicable laws of United Kingdom (‘UK’). The Appellant has been granted by BBC Global News Ltd. (‘earlier known as BBC World Ltd. / BBC World News Ltd.’ / ‘BBCGN’), the global distribution rights of the BBC World News Channel (‘the Channel’). The Channel is an international 24 hour standard news and information channel and is owned by BBCGN. The Appellant is a tax resident of UK within the meaning of Article 4 of the Double Taxation Avoidance Agreement entered between India and the UK (‘the DTAA’) and is eligible to be governed by provisions of the DTAA to the extent same are more beneficial vis-à-vis provisions of the Income Tax Act, 1961 (‘the Act’).

It is submitted that the Appellant had earlier invoked provisions of Article 27 - Mutual Agreement Procedure (‘MAP’) of the DTAA and filed an application in this regard with the Competent Authority of UK on 16 February 2018.

It is respectfully submitted that a resolution under MAP has been arrived at with respect to the assessment of income of the Appellant, as per the provisions of section 90 of the Act read with article 27 of DTAA. The copy of resolution under MAP, dated 14 November 2019 issued by Deputy Commissioner of Income-tax., International Taxation, Circle 1(1)(2), New Delhi [‘Ld. AO’] is enclosed for your kind reference and record (enclosed as Annexure — A).

It is submitted that the enclosed resolution has been accepted by the Appellant and a confirmation has been filed with the office of the Ld. AO, The copy of said letter filed by the Appellant has been enclosed for your kind reference and record (enclosed as Annexure - B).

In this backdrop, the Appellant wishes to withdraw its appeal no. 4724/ Del/2017 filed for assessment year 2014-15, which is presently pending for hearing before your Honours.

We request your Honours to kindly take the above on record and oblige.

Should your Honours require any further information/ clarifications, the Appellant shall be pleased to provide the same.

Thanking you.

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