DISCOVERY AISA INC,GURGAON vs. DDIT, NEW DELHI

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ITA 2090/DEL/2011Status: DisposedITAT Delhi29 November 2017AY 2005-063 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?

A settlement was arrived at between the Competent Authorities of India and the USA. Consequently, the assessee requested to withdraw all its appeals before the tribunal.

What were the facts?

The assessee, a non-resident company, had filed appeals before the ITAT for assessment years 2004-05, 2005-06, and 2006-07. The assessee invoked the Mutual Agreement Procedure (MAP) under the Double Taxation Avoidance Agreement (DTAA).

What were the issues?

Whether the appeals should be dismissed as withdrawn following a MAP settlement between the competent authorities of India and USA.

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 BENCHES “B”: DELHI

Before: SHRI BHAVNESH SAINI & SHRI PRASHANT MAHARISHI

Hearing: 29.11.2017Pronounced: 29.11.2017

Date of Hearing : 29.11.2017 Date of Pronouncement : 29.11.2017 ORDER PER BENCH :

These appeals by the assessee are directed against the common order of the Ld. CIT(A)-XI, New Delhi, dated 24th January, 2011 for the A.Ys. 2004-2005 and 2005-2006 and order of DRP-1,

2 ITA.Nos.2089 & 2090/Del./2011 & ITA.No.5313/Del./2010 Discovery Asia Inc. Gurgaon. New Delhi, dated 19th August, 2010, under section 144C and assessment order dated 31st August, 2010 passed under section 143(3)/144C(1) of the I.T. Act, 1961, for the A.Y. 2006-2007.

2.

The assessee in all the appeals has made a request for withdrawal of all the appeals mentioning therein that assessee being a non-resident company has invoked Mutual Agreement Procedure (MAP) of DTAA and settlement have been arrived at between the Competent Authority of India and USA. The assessee, therefore, seeks permission to withdraw all the appeals.

3.

In view of the submissions of the assessee, the appeals of the assessee are dismissed as withdrawn.

4.

In the result, appeals of the assessee are dismissed as withdrawn.

Order pronounced in the open Court.

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