ACI Worldwide Solutions Private Limited, Bangalore V. Assistant Commissioner Of Income Tax, Circle-1(1)(1), Bangalore

MA 110/BANG/2022

• Counselvise Citation: [2022] 103 COUNSELVISE.COM (IT) 8984 (ITAT-BANGALORE)
• Duration Of Justice: 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-11-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 27-10-2022
• Assessment Year: 2018-2019
• Appeal Filed On: 12-10-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER M.P. No. 110/Bang/2022 (in IT(TP)A No. 587/Bang/2022) Assessment Year : 2018-19 M/s. ACI Worldwide Solutions Pvt. Ltd., No. 9, Salarpuria Cambridge Mall, Cambridge Road Ulsoor, Bangalore – 560 008. PAN: AAACV7566R Vs. The Assistant Commissioner of Income Tax, Circle – 1(1)(1), Bangalore. APPELLANT RESPONDENT Assessee by : Shri Narendra Kumar Jain, Advocate Revenue by : Smt. Priyadarshini Baseganni, Addl. CIT (DR) Date of Hearing : 28-10-2022 Date of Pronouncement : 04-11-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present miscellaneous petition is filed by assessee seeking certain typographic mistakes in the order passed by this Tribunal dated 27/09/2022. 2. The Ld.AR submitted that typographic mistake has crept in paras 3.5 and 3.6 at pages 19 and 20 of order. 3. We have verified the records and found that there are typographic mistakes that deserves to be corrected. One comparable got inadvertently missed out while giving conclusion Page 2 of 3 M.P. No. 110/Bang/2022 (in IT(TP)A No. 587/Bang/2022) that is as under. Mindtree Ltd. has to be considered as 7 th comparable in the list at para 3.5. Henceforth paras 3.5 and 3.6 shall be read as under: “3.5 It has been also submitted that the turnover of the comparables sought for exclusion are as under: 1. L&T Infotech Ltd. 2. Persistent Systems Ltd. 3. Tata Elxsi Ltd. 4. Infosys Ltd. 5. Nihilent Technologies Ltd. 6. Cybage Software Pvt. Ltd. 7. Mindtree Ltd. 3.6 Respectfully following the consistent view taken by this Tribunal in various decisions, we direct the Ld.AO to exclude L&T Infotech Ltd., Persistent Systems Ltd., Tata Elxsi Ltd., Infosys Ltd., Nihilent Technologies Ltd., Cybage Software Pvt. Ltd. and Mindtree Ltd. from the final list of comparables.” 4. No other portion of the order has been sought for any rectification and the result remains to be the same. In the result, the M.P. filed by the assessee stands allowed. Order pronounced in the open court on 04 th November, 2022. Sd/- Sd/- (CHANDRA POOJARI) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, the 04 th November, 2022. /MS / Page 3 of 3 M.P. No. 110/Bang/2022 (in IT(TP)A No. 587/Bang/2022) Copy to: 1. Appellant 4. CIT(A) 2. Respondent 5. DR, ITAT, Bangalore 3. CIT 6. Guard file By order Assistant Registrar, ITAT, Bangalore