M/s Netscout Systems Software India Pvt. Ltd., Bangalore V. Deputy Commissioner of Income Tax, Circle-12(2), Bangalore

MA 132/BANG/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6740 (ITAT-BANGALORE)
• Duration Of Justice: 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-06-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 09-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PADMAMEENAKSHI J

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, B ENGALURU BEFORE S HRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER MISC. PETN.NO.132/BANG/2018 CROSS OBJN.NO.30/BANG/2012 (IN IT(TP)A NO.1212/BANG/2011) (ASSESSMENT YEAR: 2 005 - 06) M/S.NETSCOUT SYSTEMS SOFTWARE INDIA PVT. LTD. MANYATA EMBASSY BUSINESS PARK, SILVER FLR(BLOCK L5 - WINGB), 7 TH FLOOR, RACHENAHALLI, NAGAVARA VILLAGE RING ROAD, OUTER RING ROAD, BENGALURU - 560045 PAN: AAICS 0944 E PETITIONER V S. DEPUTY COMMISSIONER OF INCOME - TAX, CIRCLE 12(2), BENGALURU RESPONDENT PETITIONER BY : SHRI CHAVALI NARAYAN, CA RESPONDENT BY : SMT. PADMA MEENAKSHI, JCIT(DR) DATE OF HEARING : 01 / 06 /201 8 DATE OF PRONOUNCEMENT : 08 / 0 6 /201 8 O R D E R PER I NTURI RAMA RAO, AM : THIS MISCELLANEOUS PETITION (MP) IS FILED BY THE ASSESSEE - COMPANY SEEKING MODIFICATION OF THE TRIBUNAL ORDER PASSED BY THIS TRIBUNAL IN C . O . NO.30/BANG/2012 ARISING OUT OF IT )(TP) A NO .1212/BANG/2011 D ATED 28/02/2018. IT I S SUBMITTED THAT THE GROUNDS OF CROSS OBJECTIONS SEEKING EXCLUSION OF (I) SANKYA INFOTECH LTD., (II) EXTENS YS SOFTWARE SOLUTIONS LTD., AND (III) THIRDWARE SOLUTIONS LTD., NO FINDING WAS RETURNED BY THE TRIBUNAL. 2. WE HEARD RIVAL SUBMISSIONS AND PERUSE D MATERIAL ON RECORD. THE GROUND NO.5 OF CROSS OBJECTION RAISED BY THE ASSESSEE READS AS UNDER: MP 132/BAN G/2018 PAGE 2 OF 2 5. THE LEARNED CIT(A) HAS ERRED, IN LAW AND IN FACTS, BY ACCEPTING CERTAIN COMPARABLE COMPANIES USING UNREASONABLE COMPARABILITY CRITERIA. FROM THE ABOVE , IT IS CLEAR THAT THE ASSESSEE - COMPANY RAISED A GENERAL GROUND AND NO SPECIFIC GROUND OF CROSS OBJECTION WAS RAISED SEEKING EXCLUSION OF THE ABOVE THREE COMPANIES. THUS, THE QUESTION OF RETURNING A FINDING BY THE TRIBUNAL ON THE COMPARABILITY OF THREE COM PARABLE COMPANIES DOES NOT ARISE. T HEREFORE, THE MP ON THIS GROUND IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 08 TH JUNE, 2018 SD/ - SD/ - ( SUNIL KUMAR Y ADAV ) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BENGALURU. D A T E D : 08 / 0 6 /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