M/s Infinera India Private Limited, Bangalore V. Income Tax Officer, Ward-11(2), Bangalore

MA 121/BANG/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6856 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 26-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R RAMESH J

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, B ENGALURU BEFORE S HRI N.V.VASUDEVAN , JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER M P NO. 121 /BANG/20 18 (IN I T (TP) A NO. 1096 / BANG/2 0 11 ) (ASSESSMENT YEAR: 20 07 - 08) M/S.INFINERA INDIA PVT. L TD. PRESTIGE SOLITAIRE, 401, LEVEL 4, NO.6, BRUNTON ROAD, BENGALURU - 560025. PAN: AABCI 1411 R VS. PETITIONER INCOME - TAX OFFICER, WARD 11(2), BENGALURU. RESPONDENT PETITI O NER BY : SHRI ALIASGAR RAMPURAWALA, CA. RESPONDENT BY : SHR I B.R.RAMESH, JCIT(DR) DATE OF HEARING : 29 /0 6 /2018 DATE OF PRONOUNCEMENT : 06 / 0 7 /201 8 O R D E R PER I NTURI RAMA RAO, AM : THIS MISCELLANEOUS PETITION (MP) IS FILED BY THE ASSESSEE - COMPANY STATING THAT THIS TRIBUNAL, WHILE PASSING THE IMPU GNED ORDER IN IT(TP)A NO.1096/BANG/2011 DATED 27/10/2017 HAD FAILED TO ADJUDICATE THE ARGUMENT OF THE ASSESSEE MADE DURING THE COURSE OF HEARING OF APPEAL BY CASE OF M/S.MEGASOFT LTD. COMPARABLE COMPANY, THE MARGIN OF THE COMPANY SHOULD BE ADOPTED BY ADOPT ING THE SEGMENTAL INFORMATION. 2. WE HAD GONE THROUGH THE CONTENTS OF THE MP FILED BY THE ASSESSEE - COMPANY AND ALSO PERUSED THE CHART FILED DURING THE COURSE OF HEARING OF THE APPEAL. ON MERE PERUSAL OF THE M P NO . 121 /BANG/201 8 PAGE 2 OF 2 IMPUGNED ORDER, IT IS CLEAR THAT THERE IS NO D ISCUSSION IN THE ORDER AS TO THE ARGUMENT ADVANCED BY THE LEARNED COUNSEL AS TO CORRECTNESS OF THE MARGIN OF THE COMPARABLE ENTITY M/S.MEGASOFT LTD., WE ALSO NOTE THAT NO SPECIFIC GROUND OF APPEAL IS RAISED IN THE APPEAL. WE ARE OF THE CONSIDERED OPINION THAT IN THE INTEREST OF JUSTICE THE APPEAL MAY BE RECALLED FOR THE LIMITED PURPOSE OF ADJUDICATING THE ARGUMENT ADVANCED ON BEHALF OF THE ASSESSEE - COMPANY ON THE ISSUE OF CORRECTION OF MARGIN OF THE COMPANY M/S.MEGASOFT LTD., 3. IN THE RESULT, THE MP IS A LLOWED IN THE ABOVE LINES. ORDER PRONOUNCED IN THE OPEN COURT ON 06 TH JULY , 2018 S D/ - SD/ - ( N.V. VASUDEVAN ) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT M EMBER PLACE : BENGALURU. D A T E D : 06 / 0 7 /201 8 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL BANGALORE