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Aci Worldwide Solutions P Ltd, Bangalore v. Assistant Commissioner Of Income Tax, Bangalore

Aci Worldwide Solutions P Ltd, Bangalore v. Assistant Commissioner Of Income Tax, Bangalore

(Income Tax Appellate Tribunal, Bangalore)

Miscellaneous Application No. 21/Bang/2016 | 27-05-2016

Through this miscellaneous petition assessee states that there is a mistake in the order dt.05.10.2015 of this Tribunal, whereby comparability MP.21/Bang/2016 Page - 2 of one company namely, M/s. Cherry Soft Technologies Ltd, was remitted back to CIT (A), whereas comparability of M/s. Aviation Software Development Consultancy Ltd, was remitted back to the AO / TPO.

02. Ld. Counsel for the Assessee submitted that remanding comparability issues to different authorities through the same order would lead to an unworkable situation. As per the Ld. AR, it would result in multiciplity of proceedings before different authorities for the very same assessment year. Specific reference was made to para 10.4 and 8.6 of the order of the Tribunal. Ld. AR also submitted that in a similar situation in the case of M/s. Supportsoft India P. Ltd [MP.63/Bang/2013, dt.23.08.2013], this Tribunal had remitted the comparability to the very same authority.

03. Ld. DR fairly agreed that the comparability could be remitted back to the AO / TPO.

04. We have heard the rival contentions and perused the material on record. We find that there is a mistake apparent from record, in that the issue of comparability of M/s. Cherry Soft Technologies Ltd, was remitted back to CIT (A), whereas that of M/s. Aviation Software Consultancy Ltd, MP.21/Bang/2016 Page - 3 was remitted back by this Tribunal to the AO / TPO. So as to bring parity, we amend para 10.4 of the order of the Tribunal, as under :

......... we deem it fit to restore the matter to the file of the AO / TPO for examination afresh in the light of the submissions put forth by the assessee and to adjudicate on the comparability of Cherry Soft Technologies Ltd, after affording adequate opportunity to the assessee of being heard and to submit details / submissions in this regard. It is ordered accordingly.


05. In the result, miscellaneous petition filed by the assessee is allowed. Order pronounced in the open court on 27 th May, 2016. Sd/- Sd/- (VIJAYPAL RAO) (ABRAHAM P GEORGE) JUDICIAL MEMBER ACCOUNTANT MEMBER MCN Copy to:

1. The assessee

2. The Assessing Officer

3. The Commissioner of Income-tax

4. Commissioner of Income-tax(A)

5. DR

6. GF, ITAT, Bangalore By Order Assistant Registrar

Advocate List
Bench
  • SHRI. ABRAHAM P. GEORGE, ACCOUNTANT MEMBER
  • SHRI. VIJAYPAL RAO, JUDICIAL MEMBER
Eq Citations
  • LQ/ITAT/2016/7271
Head Note

Income Tax — Rectification of Mistake — Mistake apparent on face of record — Issue of comparability of one company was remitted back to CIT (A), while that of another company was remitted back to the AO/TPO — Held, order amended and issue of comparability of both companies remitted back to AO/TPO to bring parity — [2013] 351 ITR 521 (Bang. Trib.) referred to