M/s Micro Focus Software India Private Limited, Bangalore V. The Assistant Commissioner of Income-Tax, Circle-5(1)(1), Bangalore

MA 110/BANG/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5238 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-10-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 08-09-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

M.P. NO.110/BANG/2020 M/S. MICRO FOCUS SOFTWARE INDIA PVT. LTD., BANGALOR E IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER M.P. NO.110/BANG/2020 (ARISING OUT OF IT(TP)A NO.368/BANG/2017) ASSESSMENT YEAR: 2012-13 M/S. MICRO FOCUS SOFTWARE INDIA PRIVATE LIMITED (EARLIER KNOWN AS NOVELL SOFTWARE DEVELOPMENT (INDIA) PRIVATE LIMITED) BAGMANE TECH PARK, D BLOCK LAUREL, 65/2, C V RAMAN NAGAR, BYRASANDRA BENGALURU-560 093 PAN NO : AAHCS7683M VS. ACIT CIRCLE-5(1)(1) BENGALURU APPELLANT RESPONDENT APPELLANT BY : SMT. TANMAYEE RAJKUMAR, A.R. RESPONDENT BY : SMR. R. PREMI, D.R. DATE OF HEARING : 09.10.2020 DATE OF PRONOUNCEMENT : 09.10.2020 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICATI ON SUBMITTING THAT THERE IS A MISTAKE APPARENT FROM RE CORD IN THE ORDER DATED 17-03-2020 PASSED IN IT(TP)A NO.368/BANG/2017 . 2. THE LD A.R SUBMITTED THAT THE ASSESSEE, VIDE GROUND NO.3(C), SOUGHT EXCLUSION OF FOUR COMPANIES VIZ., M/S GENESY S INTERNATIONAL M.P. NO.110/BANG/2020 M/S. MICRO FOCUS SOFTWARE INDIA PVT. LTD., BANGALOR E PAGE 2 OF 3 CORPORATION LTD, M/S INFOSYS LTD, M/S LARSEN & TOUB RO INFOTECH LTD AND PERSISTENT SYSTEMS LTD. THE LD A.R SUBMITTED T HAT THE TRIBUNAL HAS DEALT WITH THIS GROUND IN PARAGRAPHS 5 AND 6 OF ITS ORDER. THE TRIBUNAL HAS NOTICED THAT THE CO-ORDINATE BENCH HAS EXCLUDED ABOVE SAID COMPANIES UNDER SIMILAR CIRCUMSTANCES IN THE C ASE OF CGI INFORMATION SYSTEMS & MANAGEMENT CONSULTANTS P LTD VS. ACIT (2018) (94 TAXMANN.COM 97) AND IT HAS EXTRACTED THE DECISION RENDERED IN THE ABOVE SAID CASE IN RESPECT OF ABOVE SAID FOUR COMPARABLES. HOWEVER, THE TRIBUNAL HAS OMITTED TO GIVE ITS OWN CONCLUSIONS IN RESPECT OF THE ABOVE SAID FOUR COMPA NIES AND THE SAME CONSTITUTES A MISTAKE APPARENT FROM RECORD. ACCORD INGLY, SHE PLEADED FOR RECTIFICATION OF THE SAME. 3. WE HEARD LD D.R IN THIS REGARD AND PERUSED THE RECORD. WE FIND THAT THE SUBMISSIONS MADE BY LD A.R TO BE CORR ECT. THE TRIBUNAL HAS FAILED TO GIVE ITS OWN CONCLUSIONS IN RESPECT O F ABOVE SAID FOUR COMPARABLE COMPANIES AND THE SAID OMISSION CONSTITU TES MISTAKE APPARENT FROM RECORD. 4. ACCORDINGLY, WE DIRECT THAT THE FOLLOWING SENTENCE SHALL BE INCLUDED AT THE END OF PARAGRAPH 6 OF THE IMPUGNED ORDER:- ACCORDINGLY, FOLLOWING THE DECISION RENDERED BY TH E CO- ORDINATE BENCH IN THE CASE OF CGI INFORMATION SYSTE MS & MANAGEMENT CONSULTANTS P LTD (SUPRA), WE DIRECT EXC LUSION OF M/S GENESYS INTERNATIONAL CORPORATION LTD, M/S INFO SYS LTD, M/S LARSEN & TOUBRO INFOTECH LTD AND PERSISTENT SYS TEMS LTD.. WE ORDER ACCORDINGLY. M.P. NO.110/BANG/2020 M/S. MICRO FOCUS SOFTWARE INDIA PVT. LTD., BANGALOR E PAGE 3 OF 3 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH OCT, 2020. SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 9 TH OCT, 2020. VG/SPS COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.