M/s Sandvine Technologies (India) Pvt Ltd , Bangalore V. Deputy Commissioner of Income Tax Circle-6(1)(1), Bangalore

MA 128/BANG/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 3950 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-11-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 18-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LAKSHMI K
• Assessee Lawyers: NARENDRA JAIN
• Section: 10AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER M.P. NO. 128/BANG/2019 (IN IT (TP) A NO. 647/ BANG/201 7 ) ASSESSMENT YEAR : 20 12 - 13 M/S. SANDVINE TECHNOLOGIES (INDIA) PVT. LTD., GROUND FLOOR WING, RMZ ECOWORLD INFRASTRUCTURE PVT. LTD., SEZ, DEVARABEESANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE 560 037. PAN: AAMCS 1644M VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 6 (1) (1), BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : SHRI NARENDRA JAIN, ADVOCATE REVENUE BY : SMT. LAKSHMI .K, JCIT (DR) DATE OF HEARING : 15 . 1 1 .2019 DATE OF PRONOUNCEMENT : 28 . 1 1 .2019 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER THIS M.P. IS FILED BY THE ASSESSEE AND IT IS CONTENDED THAT THERE ARE CERTAIN APPARENT MISTAKES IN THE IMPUGNED TRIBUNAL ORDER. 2. IN COURSE OF HEARING, IT WAS SUBMITTED BY LD. AR OF ASSESSEE THAT IN THE M.P. FILED BY THE ASSESSEE, GROUND NO. 15 WAS RAISED BY THE ASSESSEE IN RESPECT OF QUANTIFICATION OF THE DEDUCTION ALLOWED BY THE AO U/S. 10AA OF THE IT ACT BUT THIS GROUND WAS NOT DECIDED BY THE TRIBUNAL AND HENCE, THIS IS AN APPARENT MISTAKE WHICH SHOULD BE RECTIFIED. 3. IN COURSE OF HEARING OF THE M.P., IT WAS SUBMITTED BY LD. AR OF ASSESSEE THAT GROUND NO. 15 RAISED BY ASSESSEE IN THIS APPEAL WAS NOT DECIDED BY THE TRIBUNAL AND HENCE, THIS IS AN APPARENT MISTAKE WHICH SHOULD BE RECTIFIED. M.P. NO. 128/BANG/2019 (IN IT(TP)A NO. 647/BANG/2017) PAGE 2 OF 3 THE LD. DR OF REVENUE SUBMITTED THAT THERE IS NO APPARENT MISTAKE IN THE IMPUGNED TRIBUNAL ORDER. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIND THAT GROUND NO. 15 RAISED BY THE ASSESSEE IN THIS APPEAL READS AS UNDER. 15. THE LEARNED AO/DRP HAVE ERRED IN COMPUTATION OF DEDUCTION UNDER SECTION 10AA BY REDUCING EXPENDITURE BEING LEGAL AND PROFESSIONAL CHARGES, TRAVELLING AND CONVEYANCE, INSURANCE AND COMMUNICATION EXPENSES INCURRED IN FOREIGN CURRENCY FROM ONLY EXPORT TURNOVER AND NOT REDUCING THE SAME FROM TOTAL TURNOVER. 5. AS PER THE IMPUGNED ORDER, IT IS SEEN THAT ALTHOUGH THE APPEAL OF THE ASSESSEE WAS ALLOWED AS PER PARA NO. 17 OF THE IMPUGNED TRIBUNAL ORDER, THERE IS NO DISCUSSION OR DECISION REGARDING GROUND NO. 15 OF THE APPEAL RAISED BY THE ASSESSEE AND HENCE, THIS IS AN APPARENT MISTAKE WHICH SHOULD BE RECTIFIED. WE RECALL THIS TRIBUNAL ORDER FOR THE LIMITED PURPOSE OF DECIDING GROUND NO. 15 RAISED BY THE ASSESSEE. WE DIRECT THE REGISTRY TO FIX THIS APPEAL FOR HEARING FOR THIS LIMITED PURPOSE ON 30.12.2019. SINCE THE DATE OF HEARING IS PRONOUNCED IN THE OPEN COURT, NO SEPARATE NOTICE OF HEARING IS REQUIRED TO BE ISSUED. 6. IN THE RESULT, THE M.P. FILED BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- (PAVAN KUMAR GADALE) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 28 TH NOVEMBER, 2019. /MS/ M.P. NO. 128/BANG/2019 (IN IT(TP)A NO. 647/BANG/2017) PAGE 3 OF 3 COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.