M/.s Synamedia India Private Limited, Bangalore V. Deputy Commissioner Of Income Tax, Circle- 6(1)(2), Bangalore

MA 108/BANG/2023

AI Insights

The case involves Synamedia India Pvt. Ltd., which filed a miscellaneous petition concerning an earlier tribunal order (IT(TP)A No.2595/Bang/2019). The petition addressed the non-adjudication of three comparables proposed for inclusion in the assessment of the company's transfer pricing. The tribunal acknowledged the oversight and remanded the three comparables to the AO/TPO for a functional analysis to ascertain their similarity to the assessee. Additionally, another ground (No.19) was not pursued by the appellant and was consequently dismissed.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 129960 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-07-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: C
• Next Hearing Date: 06-07-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 30-03-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUBASH K.R.
• Assessee Lawyers: PADAMCHAND KHINCHA
• Section: 13; 22

Judgement Text

MP No.108/Bang/2023 Synamedia India Pvt. Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “C’’ BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER MP No.108/Bang/2023 (Arising out of IT(TP)A No.2595/Bang/2019) Assessment Year: 2015-16 M/s. Synamedia India Pvt. Ltd. Block 9A & 9B Pritech Park Survey No.51-64/4 Sarjapur Outer Ring Road Bellandur Village Bengaluru 560 103 PAN No.AACCN1140K Vs. Deputy Commissioner of Income-tax Circle 6(1)(2) Bangalore APPELLANT RESPONDENT Appellant by : Shri Padam Chand Khincha, A.R. Respondent by : Shri Subash K.R., D.R. Date of Hearing : 07.07.2023 Date of Pronouncement : 07.07.2023 O R D E R PER BEENA PILLAI, JUDICIAL MEMBER: The present Miscellaneous petition is filed by assessee in the order passed by this Tribunal vide IT(TP)A No.2595/Bang/2019 dated 21.10.2022. 2. The ld. A.R. submitted that this Tribunal while passing the order cited (supra) had admitted the additional ground of appeal raised vide application dated 18.6.2021 in para 9. However, it is submitted that the 3 comparables that were sought for inclusion in additional ground No.18 were not adjudicated. On perusal of the MP No.108/Bang/2023 Synamedia India Pvt. Ltd., Bangalore Page 2 of 3 record, we note that the submission of the assessee is correct. Accordingly, we adjudicate the 3 comparables that were sought for inclusion in additional ground No.18 as under: “22. Assessee is seeking exclusion in additional ground No.18 on only following 3 comparables: 1. Evoke Technologies Pvt. Ltd. 2. Melstar Information Technologies Ltd. 3. I2T2 India Ltd.” 22.1 It is the submission of the ld. A.R. that these comparables are functionally similar with that of assessee, which has not been considered by the authorities below. In the interest of justice, we remand these 3 comparables to the ld. AO/TPO for reverification and to consider them if the FAR analysis is found to be similar that of assessee. Accordingly, additional ground No.18 raised by assessee stands partly allowed. 22.2 The additional ground No.19 has been not pressed by the ld. A.R. as it is categorically clear from page 13 of the impugned order. Accordingly, the same is dismissed as not pressed. 22.3 Hence, additional grounds raised vide application dated 18.6.2021 stands partly allowed.” 2.1 The above paras from 22 to 22.3 shall be read in continuation to para 21 of the order dated 21.10.2022. Except for the above addition of the paras, the gist of the order dated 21.10.2022 shall remain unchanged. 3. In the result, the miscellaneous petition filed by the assessee is partly allowed. Order pronounced in the open court on 7 th July, 2023 Sd/- (Chandra Poojari) Accountant Member Sd/- (Beena Pillai) Judicial Member Bangalore, Dated 7 th July, 2023. VG/SPS MP No.108/Bang/2023 Synamedia India Pvt. Ltd., Bangalore Page 3 of 3 Copy to: 1. The Applicant 2. The Respondent 3. The CIT 4. The CIT(Judicial) 5. The DR, ITAT, Bangalore. 6. Guard file By order Asst. Registrar, ITAT, Bangalore.