M/S NOVOZYMES SOUTH ASIA PRIVATE LIMITED,BANGALORE vs. ASST.C.I.T., BANGALORE

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ITA 1244/BANG/2016Status: DisposedITAT Bangalore26 August 2019AY 2010-113 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 to withdraw grounds of appeal 3 to 8 as they were subject to a MAP resolution. The remaining grounds were also dismissed as being general or consequential.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). During the hearing, the assessee requested to withdraw grounds of appeal related to a MAP resolution. The revenue had no objection to this withdrawal.

What were the issues?

Whether grounds of appeal related to a Mutual Agreement Procedure (MAP) resolution can be withdrawn. The adjudication of general and consequential grounds of appeal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCHES “ C ” BENCH: BANGALORE

Before: SHRI JASON P BOAZ & SHRI PAVAN KUMAR GADALE

For Appellant: Smt. Tanmayee Rajkumar, Adv
For Respondent: Shri Pradeep Kumar, CIT (D.R)
Hearing: 26.08.2019Pronounced: 26.08.2019

The assessee has filed an appeal against the order of Commissioner of Income Tax (Appeals)-5, Bangalore passed u/s.143(3) r.w.s. 144C and u/s 250 of the Income Tax Act, 1961.

2 IT(T.P)A No.1244/Bang/2018 2. At the time of hearing, the learned counsel for the assessee submitted that the assessee wish to withdraw the Ground of appeal

Nos.3 to 8 which is the subject matter for adjudication under MAP in terms of Rule 44H of Income Tax Rules, 1962 wherein the Resolution has been reached and accepted by the assessee. The withdrawal letter was filed on 25.2.2019 was read over and the revenue has no objection on withdrawal. Accordingly, the grounds of appeal raised by the assessee considering the letter dt.25.2.2019 filed are treated as withdrawn and dismissed. Further on perusal of the Ground of appeal Nos.1 & 2 whch are general in nature and Ground of appeal No.9 is consequential for levy of interest. Therefore, considering the letter dt.25.2.2019 and the submissions of the ld. AR of the assessee, these grounds of appeal do not require adjudication and dismissed.

3. In the result, the assessee's appeal is treated as withdrawn and dismissed. Order pronounced in the open court on 26th Aug., 2019. Sd/- Sd/- (JASON P BOAZ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 26 .08.2019. *Reddy GP

3 IT(T.P)A No.1244/Bang/2018 Copy to

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