BASELL POLYOLEFINS INDIA P. LTD,POWAI vs. ASST CIT 15(1)(2), MUMBAI

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ITA 138/MUM/2018Status: DisposedITAT Mumbai12 February 2020AY 2013-142 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 allowed the assessee's request to withdraw the appeal. However, it clarified that the disputed issues remain open for the assessee to challenge at an appropriate time.

What were the facts?

The assessee filed an appeal against the final assessment order. During the hearing, the assessee requested to withdraw the appeal as there were no surviving transfer pricing adjustments or other additions/disallowances in the final assessment order.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to the absence of any adverse additions in the final assessment order.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 144C(5)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “K”, BENCH MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI G. MANJUNATHA

For Appellant: Shri Madhur Agarwal
For Respondent: Shri Anand Mohan &, Shri A.H. Ansari, DR’s
Hearing: 30/01/2020Pronounced: 12/02/2020

Assessee by Shri Madhur Agarwal Revenue by Shri Anand Mohan & Shri A.H. Ansari, DR’s Date of Hearing 30/01/2020 Date of Pronouncement 12/02/2020 आदेश आदेश / O R D E R आदेश आदेश PER G.MANJUNATHA (A.M):

This appeal filed by the assessee is directed against final assessment order passed by the Ld. AO u/s 143(3) r.w.s. 144C(13) of the Act, 1961, pursuant to directions of the Ld. Dispute Resolution Panel (DRP)-1, Mumbai u/s 144C(5) of the I.T.Act, 1961 for the AY 2013-14.

2.

The Ld. AR for the assessee, at the time of hearing filed a letter, dated 30/01/2020 and submitted that the assessee wants to withdraw appeal filed for the year, because there is no surviving Transfer Pricing Adjustment or any other additions/disallowances in the final assessment order passed u/s 143(3) after giving effect to DRP directions u/s 144C of the Act. The Ld. AR further submitted

Basell Polyolefins India Pvt.Ltd. that, similar issues involved in other years and therefore, the assessee wish to keep the disputed issues open for adjudication, if necessary at appropriate time. The Ld. DR present for the revenue has not opposed application filed by the assesee for withdrawal of appeal.

3.

Having heard both the parties, and considered letter filed by the assessee, we dismiss appeal filed by the assesee as withdrawn, but keep the disputed issues open for the assessee to challenge at appropriate times.

4.

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

Order pronounced in the open court on this 12 /02/2020

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