Income Tax Appellate Tribunal - Delhi
M/S. Xerox India Limited, Gurgaon vs Acit, New Delhi on 11 December, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH "I-2", NEW DELHI
BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER
AND
SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER
ITA No. 6855/Del/2014
A.Y :2005-06
M/S XEROX INDIA LIMITED, ASSISTANT COMMISSIONER OF
TH TH
5 & 6 FLOOR, BLOCK ONE, VS. INCOME TAX,
VATIKA BUSINESS PARK, CENTRAL CIRCLE-20,
SECTOR-49, SHONA ROAD, NEW DELHI
GURGAON - 122017
(PAN: AAACM8634R)
(APPELLANT) (RESPONDENT)
Assessee by : Ms. Bharti Sharma, CA
Department by : Sh. Piyush Jain, CIT(DR)
ORDER
PER H.S. SIDHU, JM
The Assessee has filed this appeal against the order dated 30/9/2014 passed by the Ld. CIT(A)-XXIX, New Delhi relating to assessment year 2005-06.
2. During the hearing, Ms. Bharti Sharma, CA/ Authorized Representative of the assessee has sought permission to withdraw the ITA No. 6855/Del/2014 by filing the Application dated 11.12.2017. She has also filed the Vakalatnama in her favour. The contents of the aforesaid Application dated 11.12.2017 read as under:-
"The hearing of the captioned appeal is fixed before your Honour for today 11.12.2017.
The appellant seeks to withdraws the same. The reason to withdraw the appeal is that the appellant had filed the captioned appeal against the order of Ld. CIT(A) dated 30.9.2014 wherein he had given some directions. The Ld. Transfer Pricing Officer while giving effect to the directions of Ld. CIT(A), recomputed the margin and deleted the entire demand arising out of Transfer Pricing addition vide his order dated 24.12.2014 (copy of appeal effect order dated 24.12.2014 is attached herewith for your kind reference and record).
Since the Department has not raised any ground on transfer pricing addition in its appeal 6610/14 pending before Hon'ble 'C' Bench and the issue is in assessee's favour, we humbly prayed your Honour that the captioned appeal may kindly be withdrawn in the interest of justice."
3. Ld. DR has not raised any objection to the request of the Assessee's Authorised Representative.
4. We have heard both the parties and perused the records, especially the Application dated 11.12.2017 filed by Ms. Bharti Sharma, CA/Authorised Representative of the Assessee for withdrawal of appeal. Keeping in view of the facts and circumstances of the case, we accept the aforesaid request of the assessee's Authorized Representative for withdrawal of the Appeal and accordingly, we dismiss Appeal as withdrawn.
25. In the result, the appeal of the Assessee is dismissed.
Order pronounced in the Open Court on 11/12/2017.
Sd/- Sd/-
[PRASHANT MAHARISHI] [H.S. SIDHU]
ACCOUNTANT MEMBER JUDICIAL MEMBER
Date 11/12/2017
"SRBHATNAGAR"
Copy forwarded to: -
1. Appellant -
2. Respondent -
3. CIT
4. CIT (A)
5. DR, ITAT TRUE COPY
By Order,
Assistant Registrar, ITAT, Delhi Benches 3