M/s. Information Business Solutions Pvt. Ltd., Bangalore V. ACIT, Bangalore

ITA 1370/BANG/2010

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9401 (ITAT-BANGALORE)
• Duration Of Justice: 5 year(s) 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 11-08-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 03-12-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH B, BANGALORE BEFORE SHRI A.K.GARODIA, ACCOUNANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER IT(TP)A NOS. A.Y. APPELLANT V S RESPONDENT 1 IT(TP)A NO.1370(B)/2010 2006-07 M/S INFORMATICA BUSINESS SOLUTIONS (IND.) PVT. LTD. DIAMOND DT. TOWER, B, 3 RD FLOOR, NO.150, AIRPORT ROAD, KODIHALLI, BANGALORE- 560 008 ACIT, CIRCLE-11(4), BANGALORE 2 IT(TP) NO. 661(BANG)/2012 2007-08 ACIT, CIRCLE-11(4), BANGALORE M/S INFORMATICA BUSINESS SOLUTIONS (IND.) PVT. LTD. 3 IT(TP)A NO.660(B)/2012 2007-08 M/S INFORMATICA BUSINESS SOLUTIONS PVT. LTD., DCIT, CIRCLE-11(4), BANGALORE REVENUE BY : SHRI AR V. SREENIVASAN, JCIT ASSESSEE : SHRI P.K.PRASAD & SHRI UMASHANKAR GAUTAM , CA DATE OF HEARING : 11-08-2016 DATE OF PRONOUNCEMENT : 08-09-2016 O R D E R PER A. K. GARODIA, A. M.:- OUT OF THIS BUNCH OF THREE APPEALS, THERE ARE TWO A PPEALS OF THE ASSESSEE FOR A. Y. 2006 07 & 2007 08 AND REMAIN ING ONE APPEAL IS FILED BY THE REVENUE FOR THE ASSESSMENT YEAR: 2007- 08. IT(TP)A NOS.660 & 661(B)/2012 & 1370(B)/2010 2 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. AR OF THE ASSESSEE THAT IN BOTH THESE ASSESSMENT YEARS, ISSUE HAS GONE UNDER MAP AND THEREFORE, THESE APPEALS OF THE ASSESSEE AND REVENU E ARE LIABLE TO BE DISMISSED. 3. IN REPLY, IT WAS SUBMITTED BY THE LD. DR OF THE REVENUE THAT THE MATTER MAY BE RESTORED BACK TO THE FILE OF THE AO T O EXAMINE THIS ASPECT AS TO WHETHER THE ISSUE HAS BEEN SETTLED AS PER MAP OR NOT AND IF THE SAME HAS BEEN SETTLED AS PER MAP THEN, NOTHING HAS TO BE DONE BUT IF NO SETTLEMENT HAS TAKEN PLACE IN THE MAP THEN INCOME O F THE ASSESSEE SHOULD BE ADOPTED AS PER THE ASSESSMENT ORDER IN BO TH THESE YEARS. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIN D THAT IT WAS THE CLAIM OF THE ASSESSEE BEFORE US THAT IN BOTH THE YE ARS, THE ENTIRE ISSUE HAS BEEN SETTLED AS PER MAP BUT NO EVIDENCE IN THIS REGARD IS PLACED BEFORE US. HENCE, WE SET ASIDE THE ORDER OF THE LD . CIT(A) IN BOTH THE YEARS AND RESTORE THE ENTIRE MATTER BACK TO THE FIL E OF THE AO WITH A DIRECTION THAT IF ANY SETTLEMENT HAS BEEN TAKEN PLA CE UNDER MAP THEN, THE INCOME AS PER THAT SETTLEMENT SHOULD BE ADOPTED BUT IF NO SETTLEMENT HAS TAKEN PLACE IN ANY ONE OR BOTH OF TH ESE YEARS THEN THE INCOME AS PER ASSESSMENT ORDER SHOULD BE ADOPTED BE CAUSE LD. AR OF THE ASSESSEE HAD NOT MADE ANY ARGUMENT BEFORE US TO ADOPT ANY DIFFERENT FIGURE LOWER THAN THE INCOME ASSESSED AS PER THE ASSESSMENT ORDER. IT(TP)A NOS.660 & 661(B)/2012 & 1370(B)/2010 3 5. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE DISMISSED AND ONE APPEAL OF THE REVENUE STANDS ALLOWED FOR STATIS TICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- SD/- ( ASHA VIJAYARAGHAVAN ) ( A .K. GARODIA ) JUDICAL MEMBER ACCOUNTANT MEMBER BANGALORE: D A T E D : 08.09.2016 AM* COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A)-II BANGALORE 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER, AR, ITAT, BANGALORE IT(TP)A NOS.660 & 661(B)/2012 & 1370(B)/2010 4 1. DATE OF DICTATION 2. , , DATE ON WHICH TYPED DRAFT IS PLACED BEFORE THE DICT ATING MEMBER .. 3. !' # . $ %# / $ %# # & DATE ON WHICH THE APPROVED DRAFT COMES TO THE PS/SR .PS. 4. ''() & * + DATE ON WHICH THE ORDER IS PLACED BEFORE THE DICTAT ING MEMBER FOR PRONOUNCEMENT 5. * . %# / # . . %# # + DATE ON WHICH THE ORDER COMES BACK TO THE PS/SR.PS .. 6 * !', + DATE OF UPLOADING THE ORDER ON WEBSITE .. 7. ! !', ' , - ) IF NOT UPLOADED, FURNISH THE REASON FOR DOING SO . 8. .% / 0 + DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 9. * 1'2 / 34 & 5 + DATE ON WHICH ORDER GOES FOR XEROX &ENDORSEMENT 10. 0 6 / + DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 11. * 7 & 0 8 + THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 12. !) * 9() & 0 9() /#5 . + THE DATE ON WHICH THE FILE GOES TO DESPATCH SECTION FOR DESPATCH OF THE TRIBUNAL ORDER 13. * 9() + DATE OF DESPATCH OF ORDER .