BARCLAYS GLOBAL SERVICE CENTRE PRIVATE LIMITED ,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIR 1(1), PUNE

आदेश/ ORDER

PER DR. DIPAK P. RIPOTE, AM:

Basis the above, we wish to submit that since the abovementioned APA agreement signed between the CBDT and the Assessee, covers international transaction of provision of IT support services and ITeS, the Assessee wishes to Suo-moto withdraw the Ground No. 1 of the grounds of appeal (including any sub-grounds) as the said grounds are now covered under APA, Grounds of appeal other than Ground No. 1 of the grounds of appeal (including any sub-grounds) remains status quo and valid for subject matter of appeal. We have attached a copy of the captioned appeal as Annexure 2 for your ready reference”

2.1 Thus, Assessee intended to withdraw Ground No.1 of the appeal which is related to Transfer Pricing Adjustment. Ld.DR for the Revenue had no objection. Accordingly, we permit to withdraw the Ground No.1 of the Assessee, hence Ground No.1 is dismissed.

Ground No.2 : 3. Ld.AR submitted that Assessee had filed rectification application before the Assessing Officer with reference to Ground No.2 which is related to “Dividend Distribution Tax(DDT) Credit Not Given”. Ld.AR submitted that the Assessing Officer(AO) has not considered the payment of DDT, though copy of challan was provided. Ld.AR submitted that she has been informed that Assessing Officer has passed a Rectification Order allowing the Credit of Dividend Distribution Tax. In these facts and circumstances of the case, we direct the ld.Assessing Officer to verify the Assessee’s claim of payment of Dividend Distribution Tax and give credit, if paid. Accordingly, Ground No.2 is allowed for statistical purpose.

Ground No.3: 4. This Ground is regarding initiation of penalty. This is premature, hence, dismissed.