M/S. DISCOVERY ASIA LLC,GURGAON vs. ADIT, NEW DELHI

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ITA 6950/DEL/2014Status: DisposedITAT Delhi13 December 2017AY 2008-092 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The tribunal acknowledged the assessee's application to withdraw the appeals. The Revenue did not object to the withdrawal. Consequently, the appeals were dismissed as withdrawn.

What were the facts?

The assessee had invoked the Mutual Agreement Procedure (MAP) under the India-USA DTAA. The US Competent Authority issued a resolution regarding the case. The assessee then requested to withdraw the appeals before the ITAT.

What were the issues?

Whether the appeals should be dismissed as withdrawn based on the invocation of the MAP and the subsequent resolution.

Which sections of the Income-tax Act were involved?

Section 90

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘I-2’, NEW DELHI

Hearing: 04.12.2017Pronounced: 13.12.2017

Heard together (2 matters)

ITA No. 6950/Del/2014
ITA No. 6951/Del/2014

Read from the judgment's own cause title. This page is filed under one of them.

ORDER Per N. K. Saini, AM: These two appeals by the assessee for the assessment years 2008-09 and 2010-11 are directed against the separate orders of the AO dated 27.02.2012 and 30.10.2014 respectively.

2.

During the course of hearing, the assessee moved an application stating therein that the assessee had earlier invoked the provisions of Article 27 – Mutual Agreement Procedure (MAP) of the DTAA and had filed an application with the US Competent Authority who vide resolution dated 24.08.2017 & 6951/Del/2014 2 Discovery Asia LLC issued u/s 90 of the Income Tax Act, 1961 read with Article 27 of the India-USA Double Taxation Avoidance Agreement and accordingly these appeals are withdrawn. The ld. Counsel for the assessee reiterated the contents of the aforesaid applications and requested to treat the appeals as withdrawn. The ld. DR did not object if the appeals are dismissed as withdrawn.

3.

In view of the above, the appeals are dismissed as withdrawn.

4.

In the result, appeals of the assessee are dismissed. (Order Pronounced in the Court on 13/12/2017)

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