QUINTILES RESEARCH (INDIA) PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

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ITA 2/BANG/2011Status: DisposedITAT Bangalore22 September 2017AY 2006-073 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal as the disputes had been resolved at a higher level. Consequently, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal challenging directions issued by the DRP. Subsequently, the competent authorities of India and USA resolved the disputes concerning the assessment of the assessee's income under the Indo-US DTAA.

What were the issues?

Whether the appeal survives for adjudication after the resolution of disputes by competent authorities under the DTAA.

Which sections of the Income-tax Act were involved?

Section 90

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BENGALURU BENCH B, BENGALURU

Before: SHRI. A. K. GARODIA

For Appellant: Shri. Ketan Ved, CA
For Respondent: Smt. Neera Malhotra, CIT -DR

PER LALIET KUMAR, JUDICIAL MEMBER :

1.

The present appeal is instituted by the assessee, challenging the directions issued by the DRP vide order dt.29.09.2010, for the assessment year 2006-07.

IT(TP)A.2/Bang/2011 Page - 2

2.

The Ld. AR for the assessee has filed a letter dt.12.09.2017 whereby it was submitted that the competent authority of India and USA after examining the facts of the case had resolved the disputes in respect of the assessment of the income of the assessee u/s.90 of the Act, r.w. Article 27 of the Indo-US DTAA. Pursuant thereto a letter was issued by the AO on 18.08.2017 giving effect to the resolution. In view thereof, it was contended by the assessee that nothing survives to be resolved by the Tribunal and therefore permission was sought to withdraw the appeal.

3.

The Ld. DR has no objection for allowing the assessee to withdraw the appeal.

4.

In view of the above, we permit the assessee to withdraw the appeal. Accordingly the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 22nd day of September, 2017.

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