MICROSOFT GLOBAL SERVICES CENTRE (INDIA) PRIVATE LIMITED,HYDERABAD vs. DCIT, CIRCLE 16(2), HYDERABAD

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ITA 88/HYD/2022Status: HeardITAT Hyderabad17 December 2024AY 2017-18Bench: Shri Vijay Pal Rao, Vice-President A N D Shri Madhusudan Sawdia (Accountant Member)2 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 noted that the assessee no longer wished to pursue the appeal due to the resolution of the TP issue under MAP. The Revenue did not object to the withdrawal.

What were the facts?

The assessee filed an appeal against the assessment order for AY 2017-18. The transfer pricing issue involved in the appeal was resolved through Mutual Agreement Procedure (MAP) between India and USA under the Double Taxation Avoidance Agreement (DTAA).

What were the issues?

Whether the appeal should be dismissed as withdrawn following the resolution of a transfer pricing issue under the Mutual Agreement Procedure (MAP).

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘ A ‘ Bench, Hyderabad

Before: Shri Vijay Pal Rao, Vice-Shri Madhusudan Sawdia

Hearing: 17/12/2024

Per Vijay Pal Rao, Vice President

1.

This appeal filed by the assessee is directed against the assessment order, dated 27/01/2022 of the NFAC Delhi, relating to A.Y.2017-18.

2.

At the time of hearing, the learned Counsel for the assessee has submitted that the T.P. issue involved in the appeal of the assessee is now got resolved, in view of the acceptance of MAP between the competent authority of India & USA under DTAA. He has filed a copy of the communication, dated

Page 1 of 2 of 2022 Microsoft Global Services Centre India P Ltd Hyderabad 06/11/2024 issued by the Indian competent authority, informing the assessee about the resolution under MAP proceedings for the A.Y under consideration. The learned AR has pleaded that the assessee does not want to pursue the present appeal and wishes to withdraw the present appeal. The assessee has also filed a letter dated 14/11/2024 seeking permission to withdraw the present appeal.

3.

The learned DR has raised no objection, if the present appeal of the assessee is dismissed as withdrawn.

4.

Accordingly, in view of the resolution under MAP proceedings, the appeal of the assessee is dismissed being withdrawn.

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