FEDERAL MOGUL GOETZE (INDIA) LTD.,GURGAON vs. ACIT, NEW DELHI

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ITA 1909/DEL/2016Status: HeardITAT Delhi09 January 2019AY 2011-122 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 accepted the assessee's application to withdraw the appeal as it had concluded an Advance Pricing Agreement with the CBDT. No objection was raised by the revenue.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed an application seeking withdrawal of the appeal.

What were the issues?

Whether the assessee can withdraw an appeal after filing an application for Advance Pricing Agreement which has been concluded.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH : I-1 : NEW DELHI

Before: SHRI R.K. PANDA & SMT. BEENA A. PILLAI

For Appellant: Smt. Shruti Khimta, AR
For Respondent: Shri Sanjay I Bara, CIT, DR
Hearing: 09.01.2019Pronounced: 09.01.2019

BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SMT. BEENA A. PILLAI, JUDICIAL MEMBER Assessment Year: 2011-12 Federal Mogul Goetze (India) Ltd., Vs. ACIT, Paras Twin Towers, Circle 9(1), 10th Floor, Tower-B, New Delhi. Golf Course Road, Sector-54, Gurgaon. PAN: AAACG3769M (Appellant) (Respondent) Assessee by : Smt. Shruti Khimta, AR Revenue by : Shri Sanjay I Bara, CIT, DR Date of Hearing : 09.01.2019 Date of Pronouncement : 09.01.2019 ORDER

PER R.K. PANDA, AM:

1.

This appeal by the assessee is directed against the order dated 30th January, 2016 passed u/s 143(3) r.w.s. 144C of the IT Act, 1961, relating to Assessment Year 2011-12.

2.

The assessee has filed an application seeking withdrawal of the appeal stating that it had filed an application for Advance Pricing Agreement (APA) with CBDT which has been concluded. In absence of any objection from the side of the ld. DR, the application filed by the assessee seeking permission of the Bench to withdraw the appeal is accepted and the appeal is dismissed as withdrawn.

3.

In the result, the appeal filed by the assessee is dismissed as withdrawn. The decision was pronounced in the open court at the time of hearing itself i.e., on 09.01.2019.

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