Givaundan(India) Pvt. ltd., Bangalore V. The Assistant Commissioner of Income Tax (LTU) Circle-1, Bangalore

MA 15/BANG/2020

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2536 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-03-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 21-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A RAMESH KUMAR
• Keywords: Transfer pricing

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI. A.K GARODIA, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER M.P NO.15/BANG/2020 (IN IT(TP)A 229/BANG/2015 ASSESSMENT YEARS : 2010 11 M/S GIVAUDAN INDIA PVT. LTD., PLOT NO.26, 2 ND CROSS, JIGANI INDUSTRIAL AREA, BANGALORE-560 106. PAN AAACV 7454 J VS. THE ASST. COMMISSIONER OF INCOME TAX (LTU), CIRCLE-1, BANGALORE. APPELLANT RESPONDENT APPELLANT BY : SMT SUMIT KHURANA, C.A RESPONDENT BY : SHRI A RAMESH KUMAR, JCIT - DR DATE OF HEARING : 06-03-2020 DATE OF PRONOUNCEMENT : 17-03-2020 ORDER PER BEENA PILLAI, JUDICIAL MEMBER PRESENT MISCELLANEOUS PETITION HAS BEEN FILED BY ASSESSEE SEEKING RECTIFICATION OF SOME ALLEGED MISTAKE APPAR ENT FROM RECORD IN CONSOLIDATED ORDER DATED 02/08/2019 PASSE D BY THIS TRIBUNAL IN IT(TP)A NO.229/B/2015 FOR ASSESSMENT YEAR 2010- 11. 2. LD.AR SUBMITTED THAT THIS TRIBUNAL WHILE DISPOSING OF APPEAL, FOR ASSESSMENT YEAR 2010-11 IN ITA NO. 229/ B/2015, PAGE 2 OF 4 M.P NO.15/BANG/2020 A. Y : 2010 11 GROUND NO. 6 AND 7 FORMING PART OF GROUNDS OF APPEA L WERE INADVERTENTLY NOT ADJUDICATED. 3. HE SUBMITTED THAT GROUND NO.6 PERTAINS TO TRANSF ER PRICING ADJUSTMENT RELATED TO PAYMENT OF ROYALTY AND GROUND NO.7 PERTAINS TO TRANSFER PRICING ADJUSTMENT ON PAYMENT OF BUYBACK OF EQUITY SHARES. LD.AR SUBMITTED THAT, THIS TRIBUNAL IN PARA 17 OF IMPUGNED ORDER CONSIDERED THESE ISSUES TOGETHER AL ONG WITH GROUND NO. 4 AND 5 WHICH WERE ON INTRAGROUP SERVICE S . IT HAS BEEN SUBMITTED THAT, ONLY TRANSFER PRICING ISSUE RA ISED BY ASSESSEE FOR ASSESSMENT YEAR 2009-10 WAS ON TRANSFE R PRICING ADJUSTMENT INTRAGROUP SERVICES AND THEREFORE THE CO NFUSION AROSE. 4. LD.SR.DR DID NOT OBJECT TO THE SUBMISSIONS MADE BY LD.AR WE HAVE PERUSED SUBMISSIONS ADVANCED BY BOTH SIDES IN LIGHT OF RECORDS PLACED BEFORE US. 5. WE HAVE PERUSED IMPUGNED ORDER DATED 02/08/2019, WHEREIN, ITA NO.229/B/2015 FOR ASSESSMENT YEAR 2010 -11 HAS BEEN DECIDED IN PARA 17-20. GROUNDS FOR RELEVANT AS SESSMENT YEAR HAS BEEN REPRODUCED AT PAGE 4-7 OF IMPUGNED OR DER, AND WE NOTE THAT, THERE WERE 3 ISSUES RAISED BY ASSESSEE I N ITA NO.229/BANG/2015 ON TRANSFER PRICING ADJUSTMENT, AM ONGST WHICH, INTRAGROUP SERVICES WAS ONE OF THE GROUNDS B EING GROUND NO. 4-5 WHICH IS DECIDED MUTATIS MUTANDIS WITH GROU ND NO. 3-4 ASSESSMENT YEAR 2009-10. 6. IT IS NOTED THAT, AS RIGHTLY POINTED OUT BY LD.A R GROUND NO.6-7 ARE TRANSFER PRICING ADDITIONS ON DIFFERENT ISSUES WHICH WAS NOT ADJUDICATED IN THE IMPUGNED ORDER DATED 02 /08/2019 WHICH AMOUNTS TO A MISTAKE APPARENT ON RECORD. PAGE 3 OF 4 M.P NO.15/BANG/2020 A. Y : 2010 11 7. CONSIDERING THE TOTALITY OF FACTS, WE ARE OF OPI NION THAT IMPUGNED ORDER DATED 02/08/2019 PASSED BY THIS TRIBUNAL SHOULD BE RECALLED ONLY FOR LIMITED PURPOSE OF ADJU DICATING GROUND NO.6-7 RAISED BY ASSESSEE FOR ASSESSMENT YEA R 2010-11 IN ITA NO.229/B/2015. 8. WE DIRECT REGISTRY TO FIX THE APPEAL IN ITA NO. 229/B/2015 FOR ASSESSMENT YEAR 2010-11.FOR HEARING FOR LIMITED PURPOSES OF ADJUDICATING GROUND NO. 6-7. 9. ACCORDINGLY THE MISCELLANEOUS PETITION FILED BY ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH MARCH, 2020. SD/- SD/- (A. K GARODIA) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL ME MBER BANGALORE, DATED, THE 17 TH MARCH, 2020. /VMS/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL. BANGALORE. PAGE 4 OF 4 M.P NO.15/BANG/2020 A. Y : 2010 11 DATE INITIAL 1. DRAFT DICTATED ON ON DRAGON SR.PS 2. DRAFT PLACED BEFORE AUTHOR 10-03-2020 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 10-03-2020 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 10-03-2020 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 10-03-2020 SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 13-03-2020 SR.PS 7. DATE OF UPLOADING THE ORDER ON WEBSITE -03-2020 SR.PS 8. IF NOT UPLOADED, FURNISH THE REASON -- SR.PS 9. FILE SENT TO THE BENCH CLERK -03-2020 SR.PS 10. DATE ON WHICH FILE GOES TO THE AR 11. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 12. DATE OF DISPATCH OF ORDER. 13. DRAFT DICTATION SHEETS ARE ATTACHED NO SR.PS