SHARP BUSINESS SYSTEMS (INDIA)LTD.,NEW DELHI vs. DCIT, NEW DELHI
What did the Tribunal hold?
The Tribunal dismissed the assessee's appeals as withdrawn, as the issues were resolved under MAP. The Revenue's appeal was dismissed as infructuous, with liberty granted to revive it if the issue is not settled under MAP.
What were the facts?
The assessee filed an application to withdraw its appeals for multiple assessment years, citing a resolution of disputes under the Mutual Agreement Procedure (MAP) with Japan. The Revenue's appeal for AY 2008-09 was also discussed in light of this MAP resolution.
What were the issues?
Whether the assessee's appeals can be withdrawn due to resolution of disputes under MAP, and whether the Revenue's appeal becomes infructuous as a result.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “I”, DELHI
Before: SHRI VIKAS AWASTHY & SHRI MANISH AGARWAL
2936 &6368/Del/2013 (AYs 2008-09 & 2009-10) 717/Del/2016, 1940 &7724/Del/2017, 783/Del/20119, 208/Del/2020, 836/Del/2021, 236 & 2053/Del/2022 (AYs 2010-11 to 2018-19) ITA No. 3889/Del/2024 (AY 2020-21) आदेश/ORDER PER BENCH: In this bunch of 13 appeals, 12 by the assessee for assessment years 2008- 09 to 2018-19 & 2020-21 and one cross appeal by the Revenue for AY 2008-09, the assessee has filed an application dated 06.03.2025 for withdrawal of appeals pursuant to resolution of disputes/issues in appeal under Mutual Agreement Procedure (MAP).
The ld. Authorized Representative (AR) of assessee has placed on record a copy of communication dated 18.02.2025 from CBDT (Foreign Tax & Tax Research Division) intimating the assessee that Indian and Japanese Competent Authorities have agreed to resolve the MAP in assessee’s case for AY 2008-09 to 2018-19 & 2020-21. In light of the fact that pending issues in appeal have been resolved under MAP, the assessee has requested for withdrawal of its appeals. The ld. AR of assessee further contended that even the issue raised in Department’s appeal for AY 2008-09 is also settled under MAP, therefore, the Department appeal has become infructuous.
Shri Dharm Veer Singh, stated that the issue raised in appeals by the assessee have since been settled under MAP, he has no objection in withdrawal of appeals by the assessee. In so far as the Department appeal, he contended that liberty may be granted to the Department to restore the appeal, if, the issue is not settled under MAP proceedings.
2936 &6368/Del/2013 (AYs 2008-09 & 2009-10) 717/Del/2016, 1940 &7724/Del/2017, 783/Del/20119, 208/Del/2020, 836/Del/2021, 236 & 2053/Del/2022 (AYs 2010-11 to 2018-19) ITA No. 3889/Del/2024 (AY 2020-21) 4. Both sides heard. The assessee has placed on record letter dated 18.02.2025 (supra) from CBDT intimating that Competent Authorities from India and Japan have agreed to resolve the issues under MAP in assessee’s case for AY 2008-09 to 2018-19 & 2020-21. In light of said communication, the assessee has prayed for withdrawal of its appeals for aforesaid assessment years. The appeals of the assessee are dismissed as withdrawn.
There is a cross appeal by the Revenue for AY 2008-09, the contention of the assessee is that the issues raised in Department’s appeal is also resolved under MAP. Thus, in light of the statement made by Counsel for the assessee, the Department appeal has become infructuous and the same is dismissed as such. Liberty is granted to the Revenue to revive appeal in case the Department finds that the issue in Department’s appeal has not been resolved in MAP.
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