M/s. Bobst India Private Ltd., Pune V. Deputy Commissioner of Income-tax,

MA 1/PUN/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 2903 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-02-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 14-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARENDRA KUMAR
• Keywords: Rectification of order

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND MS SUSHMA CHOWLA, JUDICIAL MEMBER MA NO.01/PN/2015 ARISING OUT OF ITA NO.1380/PN/2010 ASSESSMENT YEAR : 2006-07 M/S. BOBST INDIA PRIVATE LIMITED PLOT NO.82, 126-132, VILLAGE KASAR AMBOLI, POST AMBADVET, GHOTAVADE ROAD, TAL. MULSHI, DIST. PUNE-412108 PAN : AAACB7259F . APPELLANT VS. DY.CIT, CIRCLE 1(1), PUNE . RESPONDENT APPELLANT BY : MR. RAJENDRA AGIWAL RESPONDENT BY : MR. NARENDRA KUMAR DATE OF HEARING : 13-02-2015 DATE OF PRONOUNCEMENT : 18-02-2015 ORDER PER G. S. PANNU, AM THE CAPTIONED MISCELLANEOUS APPLICATION HAS BEEN PR EFERRED BY THE APPLICANT U/S 254(2) OF THE INCOME TAX ACT, 1961 (I N SHORT THE ACT) SEEKING RECTIFICATION OF MISTAKE IN THE ORDER OF THE TRIBUN AL DATED 09.10.2014. 2. IN THIS APPLICATION, THE APPLICANT HAS SUBMITTED THAT IN THE PENULTIMATE SENTENCE IN PARA 5.4 OF THE ORDER OF TRIBUNAL DATED 09.10.2014 (SUPRA) THE WORD, EXCLUDED HAS BEEN INADVERTENTLY MENTIONED I NSTEAD OF WORD INCLUDED. THE LEARNED CIT-DR APPEARING FOR THE REVENUE HAS NO T OPPOSED THE AFORESAID PLEA OF THE ASSESSEE. AS A CONSEQUENCE, THE PENULTIMATE SENTENCE IN PARA 5.4 OF THE ORDER (SUPRA) WHICH IS AS UNDER: - HENCE, IT COULD NOT BE CONSIDERED AS LOSS MAKING, SO THE SAME SHOULD BE EXCLUDED FOR COMPUTING OPERATIVE MARGIN OF COMPARABLE COMPA NIES FOR ARRIVING AT ALP IN RELATION TO INTERNATIONAL TR ANSACTIONS PERTAINING TO EOU OPERATIONS. MA NO.01/PN/2015 SHOULD BE READ AS UNDER:- HENCE, IT COULD NOT BE CONSIDERED AS LOSS MAKING, SO THE SAME SHOULD BE INCLUDED FOR COMPUTING OPERATIVE MARGIN OF COMPA RABLE COMPANIES FOR ARRIVING AT ALP IN RELATION TO INTERNATIONAL TR ANSACTIONS PERTAINING TO EOU OPERATIONS. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS HEREBY ALLOWED, AS ABOVE. ORDER PRONOUNCED ON 18 TH FEBRUARY, 2015. SD/- SD/- (SUSHMA CHOWLA) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE, DATED: 18 TH FEBRUARY, 2015. GCVSR COPY OF THE ORDER IS FORWARDED TO : - 1) THE ASSESSEE; 2) THE DEPARTMENT; 3) THE DRP, PUNE; 4) THE CONCERNED CIT-(A) PUNE; 5) THE DR A BENCH, I.T.A.T., PUNE; 6) GUARD FILE. BY ORDER //TRUE COPY// ASSISTANT REGISTRAR I.T.A.T., PUNE