Yokogawa India Limited, Bangalore V. The Assistant Commissioner Of Income Tax, LTU, Bangalore

MA 136/BANG/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5018 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-03-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 27-09-2021
• 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. 136/Bang/2021 (in IT(TP)A No. 692/Bang/2016) Assessment Year : 2011-12 M/s. Yokogawa India Ltd., Plot No. 96, Electronic City, Bangalore – 560 100. PAN: AAACY0840P Vs. The Deputy Commissioner of Income Tax, LTU, Bangalore. APPELLANT RESPONDENT Assessee by : Shri Nageswar Rao, Advocate Revenue by : Smt. Priyadarshini Basaganni, JCIT (DR) Date of Hearing : 18-02-2022 Date of Pronouncement : 11-03-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present miscellaneous petition is filed by assessee seeking rectification of order dated 08/03/2021 for assessment year 2011-12. 2. It is the submission of the Ld.Counsel that this Tribunal has remanded the issue back of the Ld.AO/TPO with a direction to pass final assessment order in consonance with the DRP directions. It the submission of the Ld.Counsel that in the paperbook the Ld.Counsel had relied on page 21 wherein reply by the Ld.AO expressing his inability to follow the DRP direction have been expressly mentioned. Page 2 of 4 M.P. No. 136/Bang/2021 (in IT(TP)A No. 692/Bang/2016) Page 3 of 4 M.P. No. 136/Bang/2021 (in IT(TP)A No. 692/Bang/2016) 3. It is thus submitted that pursuant to the above, the final assessment order passed by the Ld.AO is not in consonance with the provisions of the Act and therefore needs to be quashed. On the Contrary the Ld.Sr,DR relied on the observations of this Tribunal. We have perused the submissions advanced by both sides in light of records placed before us. 4. We note that the above reproduced letter by the Ld.AO revels the intention very clearly. While passing the order dated 08/03/2021, the above letter was missed to be considered. Therefore henceforth, para 11 of the impugned order shall be read as under: “ 11. .................. Respectfully following the above view taken coordinate bench of this Tribunal in case of Xchanging Solutions Ltd.(supra) we hold the assessment order to be bad in law and the same is quashed and setaside. As we have decided the preliminary issue in Ground No.5, other grounds raised are kept open. Accordingly the appeal filed by assessee stands allowed on the legal ground raised by assessee for assessment year 2011-12.” In the result, the Miscellaneous Petition filed by assessee stands allowed. Order pronounced in the open court on 11 th March, 2022. Sd/- Sd/- (CHANDRA POOJARI) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, the 11 th March, 2022. /MS / Page 4 of 4 M.P. No. 136/Bang/2021 (in IT(TP)A No. 692/Bang/2016) Copy to: 1. Appellant 4. CIT(A) 2. Respondent 5. DR, ITAT, Bangalore 3. CIT 6. Guard file By order Assistant Registrar, ITAT, Bangalore