Section 295(2)(h) — the law in short
What the courts have decided on section 295(2)(h), in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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McDonald's Corporation v ACIT
ITATHelps taxpayerNo later treatment found
You are withdrawing your appeals because MAP has settled the issue. What do you ask the Tribunal for in case the department does not implement the resolution?
Ask for liberty to revive, and it will be given. The Delhi Bench permitted withdrawal of three appeals following a competent authority agreement under Article 27 of the India-United States treaty and dismissed them as withdrawn, but expressly with liberty to revive them again in the unlikely event that the MAP resolution is not given effect to, or if the dispute remains unresolved for any reason.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.
