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Income Tax Appellate Tribunal, DELHI BENCH : I-1 : NEW DELHI
Before: SHRI R.K. PANDA & SMT. BEENA A. PILLAI
(Appellant) (Respondent) Assessee by : Shri Parth, Advocate Revenue by : Shri Sanjay I Bara, CIT, DR Date of Hearing : 10.01.2019 Date of Pronouncement : 10.01.2019 ORDER PER BENCH: The above four appeals filed by the assessee are directed against the separate orders passed u/s 143(3) r.w.s. 144C(3) of the IT Act, 1961for the assessment year 2010-11 to assessment year 2013-14 respectively. For the sake of convenience, all these appeals were heard together and are being disposed of by this common order.
882/Del/2016, 398/Del/2017 & 3290/Del/2017
At the time of hearing, the ld. counsel for the assessee filed application for each of the appeals seeking permission of the Bench to withdraw the appeals filed by the assessee. For the sake of convenience, the contents of the application for assessment year 2010-11, vide is reproduced as under:-
“December 31, 2018 To, Hon'ble President, The Income Tax Appellate Tribunal, Bench –I-1, 10th Floor, Lok Nayak Bhawan, Khan Market, New Delhi — 110003 Dear Sir, Re: Jones Lang LaSalle Property Consultants (India) Private Limited (‘the Company' or ‘the Appellant') PAN No. AAACL2089B Appeal Nos.: 2143/Del/2015 (AY 2010-11) NDOH – 10.01.2019
Resolution reached under Mutual Agreement Procedure under Article 27 of the India - Singapore Double Taxation Avoidance Agreement We, as authorized representatives of Appellant, submit the following for Your Honour's kind consideration.
Subject appeal has been filed by Appellant, under section 253(1) of Income Tax Act, 1961 ('the Act') against assessment order dated 10 February 2015 passed by Deputy Commissioner of Income Tax, Circle 13(2) for AY 2010-11. Copy of grounds of appeal filed before Hon'ble Income Tax Appellate Tribunal, Delhi Benches ("Hon'ble Tribunal") is attached herewith as Annexure 1.
During the financial year under consideration, Appellant had entered into transaction pertaining to Business Advisory and Support services with its associated enterprises which is subject matter of transfer pricing adjustment.
The Appellant has also filed an application under Mutual Agreement Procedure ('MAP') before the Competent Authority on seeking assistance under Article 27 of the India - Singapore Double Taxation Avoidance Agreement.
882/Del/2016, 398/Del/2017 & 3290/Del/2017 In this regard, Additional Commissioner of Income Tax, Special Range - 5, New Delhi ('Learned AO') has issued a notice dated 12 November 2018, informing the Appellant about the resolution under the MAP proceeding. Copy of notice is enclosed herewith as Annexure 2. The MAP resolution (copy enclosed as Annexure 3) has specified the manner in which the income derived by the Appellant from its clients should be assessed. In this regard, the Learned AO by above notice and in view of Rule 44H of income Tax Rules, 1962, has also given an opportunity to accept the MAP resolution and also to withdraw the relevant grounds.
We, on behalf of Appellant, respectfully submit that above mentioned MAP resolution is acceptable to Appellant. In view of Rule 44H of the Income Tax rules, 1962, we humbly request Your Honour to allow us to withdraw Ground Nos. 1 to 5, including any sub-grounds, of appeal on the issue which was the subject matter for adjudication under MAP proceedings. In addition to the above, we also seek Your Honour's permission to withdraw Ground No. 6, along with any sub ground, pertaining to disallowance of expenditure under section 14A without accepting the contentions of Learned AO noted while passing final assessment order, and Ground No. 7 & 8, along with any sub grounds, being consequential in nature, pertaining to initiation of penalty proceedings under section 271(l)(c) and levy of interest under section 234D and withdrawal of interest under section 244 A of the Act.
Accordingly, we convey our acceptance of the MAP resolution reached and withdraw the grounds of appeal mentioned above.
Thanking you, Yours Faithfully, For Jones Lang LaSalle Property Consultants (India) Private Limited Sd/- Authorized Representative Encl: As above”
Identical applications have been filed by the assessee for the other three years.
The ld. counsel for the assessee, referring to the above applications requested the Bench to permit the assessee to withdraw the appeals for the above four assessment years.
882/Del/2016, 398/Del/2017 & 3290/Del/2017
In absence of any objection from the side of the ld. DR, the request of the assessee seeking permission of the Bench to withdraw the above appeals are accepted. The appeals filed by the assessee are accordingly dismissed as withdrawn.
In the result, the appeals are dismissed. The decision was pronounced in the open court at the time of hearing itself
i.e., on 10.01.2019.