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Facts
The assessee and the revenue filed appeals and cross-objections, respectively, concerning assessment orders for AY 2012-13 and 2013-14. Both parties subsequently filed applications requesting to withdraw their respective appeals and cross-objections to avoid protracted litigation.
Held
The tribunal allowed both the assessee's applications to withdraw its appeals and the revenue's applications to withdraw its cross-objections. Consequently, all appeals and cross-objections filed by both parties were treated as dismissed.
Key Issues
The key issue was whether the Income Tax Appellate Tribunal should permit the withdrawal of appeals and cross-objections by both the assessee and the revenue.
Sections Cited
Section 143(3), Section 144C
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Income Tax Appellate Tribunal, “I” BENCH, MUMBAI
Before: SHRI AMIT SHUKLA, JM, & SHRI AMARJIT SINGH, AM
आदेश / O R D E R CO No. 22/Mum/2021 & 116/Mum/2021 Four Seasons Hotels & Resorts Asia Pacific Pte. Ltd.
Per Bench: The aforesaid appeal filed by the assessee and cross objections filed by the revenue against the order dated 30.09.2016 for AY 2012-13; and order dated 25.05.18 for AY 2013-14 passed by Ld. CIT(A)-56, Mumbai for the quantum of assessment passed u/s 143(3) r.w.s. 144C of the Act.
At the outset, assessee has filed an application dated 23rd March for withdrawal of appeal for the years which reads as under:-
Four Seasons Hotels & Resorts Asia Pacific Pte. Ltd. ('Appellant') Assessment Year: 2012-13 and 2013-14. Assessee's Appeal: Sub: Application for withdrawal of appeals We refer to the captioned appeals scheduled for hearing before the Hon'ble 'I' Bench of the Income-tax Appellate Tribunal, Mumbai on 24 March 2022 for AY 2012-13 and AY 2013-14. In this connection, we submit that the Appellant wishes to withdraw the said appeals to avoid protracted litigation and buy peace of mind, without prejudice to its position as to the non-taxability of its income in India.
CO No. 22/Mum/2021 & 116/Mum/2021 Four Seasons Hotels & Resorts Asia Pacific Pte. Ltd. The withdrawal of these appeals should not be construed in any way as against the Appellant as to its rights to contest the assessment orders in the future years. Kindly request to take the same on record and place the same before the Hon'ble Members. Thanking You. Yours faithfully, For and on behalf of Four Seasons Hotels & Resorts Asia Pacific Pte. Ltd.
Even the revenue has filed an application dated 11.05.2022 wherein it has sought for withdrawal of cross objections, which reads as under:-
In this case letter of Sr. A.R., ITAT T Bench Mumbai vide dt. 28.03.2022 is received, wherein it is stated that in the case of M/s Four seasons Hotels & Resorts Asia Pacific Pte Ltd. (PAN: AABCF4767H) A.Y 2012-13 and A.Y 2013-14 having 1TA No. 184/Mum/2017 and respectively, the assessee has submitted before ITAT that it wishes to withdraw the appeal. Here it is to be noted that department has filed cross objection vide CO-22/Mum/2021 and CO-116/Mum/2018 respectively in the said appeal. The approval of the CIT in respect of the said cross objection vide dt. 03.03.2021 and CO No. 22/Mum/2021 & 116/Mum/2021 Four Seasons Hotels & Resorts Asia Pacific Pte. Ltd. 13.09/2021 for both A.Ys respectively. Further Cross objection for A.Y 2012 13 has been rectified vide authorization memo dt. 13.09.2021. It is noted that in its letter to Hon'ble ITAT relating to withdrawal of its appeal, the assessee has stated that the withdrawal of appeals should not be construed in any way as against the appellant as to its right to contest the assessment orders in future years. It is in light of the above that a similar position is stated for withdrawal of department's cross objection reserving its right to contest the same in subsequent assessment years. The cross objection filed by the department may be withdrawn as a consequence to assessee's request to withdraw its appeal to avoid litigation. Yours faithfully, Sd/- (SANJAY SINGH) Commissioner of Income Tax (International Taxation)-2, Mumbai,
Accordingly, the 4781/Mum/2018 filed by the assessee and CO’s No. 22/Mum/2021 & 116/Mum/2021 filed by the revenue are allowed to be withdrawn.
In the result, all the appeals filed by assessee and CO’s filed by the revenue are treated as dismissed.