Asst. Commissioner of Income Tax, Bangalore V. M/s.Goldman Sachs Services Private Limited, Bangalore

MA 115/BANG/2023

AI Insights

The case involves a miscellaneous petition (M.P. No. 115/Bang/2023) filed by the Assistant Commissioner of Income Tax against M/s. Goldman Sachs Services Pvt. Ltd. The petition sought rectification of an earlier Tribunal order (IT(TP)A No. 474/Bang/2017) dated 11.03.2022. However, the petition was filed on 04.01.2023, which was beyond the six-month period allowed for filing such petitions under section 254(2) of the Income-tax Act, 1961. Consequently, the Tribunal dismissed the petition in limine, stating that it lacked the authority to consider the late filing.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 124308 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-06-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 15-06-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 03-01-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER M.P. No. 115/Bang/2023 (in IT(TP)A No. 474/Bang/2017) Assessment Year : 2012-13 The Assistant Commissioner of Income Tax, Circle – 3(1)(2), Bengaluru. Vs. M/s. Goldman Sachs Services Pvt. Ltd., Crystal Downs, Embassy Golf Links Business Park, Off Intermediate Ring Road, Bengaluru – 560 071. PAN: AACCG2435N APPELLANT RESPONDENT Assessee by : None Revenue by : Shri Sankar Ganesh K, Addl. CIT (DR) Date of Hearing : 16-06-2023 Date of Pronouncement : 16-06-2023 ORDER PER BEENA PILLAI, JUDICIAL MEMBER This miscellaneous petition filed by the revenue u/s 254(2) of the Income-tax Act,1961 ['the Act' for short] seeking rectification of order of the Tribunal in IT(TP)A No. 474/Bang/2017 dated 11.03.2022. 2. We note that this M.P. is filed against order dated 11.03.2022 on 04.01.2023. As the present M.P. is filed beyond six months Page 2 M.P. No. 115/Bang/2023 (in IT(TP)A No. 474/Bang/2017) period, and that the Tribunal did not have the power as per section 254(2), the same is dismissed in limine. In the result, the present M.P filed by revenue stands dismissed. Order pronounced in the open court on 16 th June, 2023. Sd/- Sd/- (CHANDRA POOJARI) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, the 16 th June, 2023. /MS / Copy to: 1. Appellant 4. CIT(A) 2. Respondent 5. DR, ITAT, Bangalore 3. CIT 6. Guard file By order Assistant Registrar, ITAT, Bangalore