M/S. DREAM PLAST INDIA PVT.LTD,PUNE vs. PR. COMMISSIONER OF INCOME-TAX -5, PUNE

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ITA 1445/PUN/2018Status: DisposedITAT Pune12 April 2022AY 2015-162 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 as the underlying issue was resolved. The Tribunal granted permission for withdrawal.

What were the facts?

The assessee filed an appeal against an order passed under section 263 of the Income Tax Act. The Transfer Pricing Officer completed proceedings without making any adjustments to the assessee's total income.

What were the issues?

Whether the appeal is maintainable after the underlying issue has been resolved by the Transfer Pricing Officer.

Which sections of the Income-tax Act were involved?

Section 263,Section 92CA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH, ‘B’ PUNE

Before: SHRI S.S.VISWANETHRA RAVI & SHRI DR. DIPAK P. RIPOTE

For Respondent: Shri Anurag Shivastava

ORDER

PER DR. DIPAK P. RIPOTE, AM :

1.

This appeal is against Pr. Commissioner of Income Tax-5, Pune’s order dated 11.07.2018 for assessment year 2015-16.

2.

When the matter had come up for hearing, the appellant company filed a letter dated 25.03.2022 seeking permission to withdraw the above captioned appeal. The relevant contents of the said letter dated 25.03.2022 are reproduced hereunder :- “This is with reference to the captioned appeal filed by Dream Plast with the Hon’ble Income Tax Appellate Tribunal (‘Hon’ble ITAT’) in respect of AY 2015-16 on 14 September 2018 (enclosed as Annexure 1). The Appellant had filed the captioned appeal before the Hon’ble ITAT against the order passed by Principal Commissioner of Income-Tax-5 under section 263 of the Income Tax Act, 1961 (‘the Act’) directing to complete the assessment afresh after referring the case to learned Transfer Pricing Office (‘Ld. TPO’). In this regard, the Appellant would like to mention that the proceedings before the Ld. TPO for AY 2015-16 have been completed (enclosed is the order u/s 92CA of the Act as Annexure 2). Since the order has been disposed off by the Ld. TPO without making any adjustment to the total income of the Appellant, the Appellant no longer wishes to prefer an appeal before the Hon’ble ITAT which is listed for hearing on 11 April 2022 (enclosed is the notice of hearing as Annexure 3). In view of the above, we request your goodself to take the above on record and accede to our request. We shall be pleased to provide you with any further information/ clarification that you may require in this regard.”

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