Vodafone Mobile Services Limited, New Delhi V. DCIT, Coimbatore

MA 176/CHNY/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 3903 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 13-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 147

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . , . , BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER & SHRI DUVVURU RL REDDY, JUDICIAL MEMBER M.P. NO. 176/CHNY/2018 [IN I.T.A.NO.3317/CHNY/2016] / ASSESSMENT YEAR:2007-08 M/S. VODAFONE MOBILE SERVICES LIMITED, [FORMERLY KNOWN AS VODAFONE CELLULAR LTD. WHICH NOW STANDS AMALGAMATED WITH VODAFONE MOBILE SERVICES LTD.], C-48, OKHLA INDUSTRIAL AREA, PHASE II, NEW DELHI. [PAN: AAACB8614L] VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1, COIMBATORE. ( /APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : MS. MANASVINI BAJPAI, ADVOCATE / RESPONDENT BY : SHRI AR.V. SREENIVASAN, JCIT / DATE OF HEARING : 12.10.2018 /DATE OF PRONOUNCEMENT : 30.10.2018 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: THE MISCELLANEOUS PETITION IS FILED BY THE ASSESSEE PRAYING FOR RECALLING THE ORDER OF THE TRIBUNAL PASSED IN I.T.A. NO.3317/CHNY/2016 DATED 26.02.2018 FOR THE ASSESSMENT YEAR 2007-08. 2. BY REFERRING TO THE PETITION, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TRIBUNAL HAS NOT ADJUDICATED THE THIRD GROUND RAISED IN THE APPEAL OF THE ASSESSEE AND THUS, THERE IS A MISTAKE APPARENT ON RECORD AND M.P. NO.176/CHNY/18 2 PRAYED FOR RECALLING THE ORDER OF THE TRIBUNAL DATED 26.02.2018 FOR ADJUDICATION OF THE ISSUE. 3. THE LD. DR DID NOT SERIOUSLY OBJECT TO THE SUBMISSIONS OF THE LD. COUNSEL FOR THE ASSESSEE. 4. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED THE ORDER OF THE TRIBUNAL. IN THE GROUNDS OF APPEAL, THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS FOR ADJUDICATION BY THE TRIBUNAL: (I) PROCEEDINGS UNDER SECTION 147 OF THE ACT. (II) DISALLOWANCE OF DISCOUNT EXTENDED TO THE PRE-PAID DISTRIBUTORS UNDER SECTION 40(A)(IA) OF THE ACT. (III) INCORRECT COMPUTATION OF TAXABLE INCOME AND CONSEQUENTIAL DEMAND RAISED IN THE IMPUGNED ORDER: (A) ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED AO HAS ERRED IN COMPUTING TOTAL INCOME OF THE APPELLANT AT .121,577,927 ON ACCOUNT OF THE DISALLOWANCE MADE IN THE IMPUGNED ORDER UNDER SECTION 40(A)(IA) OF THE ACT WITHOUT TAKING COGNIZANCE OF THE LOSS OF .1,059,767,867 REPORTED IN THE RETURN OF INCOME FILED BY THE APPELLANT FOR THE SUBJECT AY. (B) ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED AO HAS ERRED IN RAISING TAX AND INTEREST DEMAND OF .70,663,445 FOR THE SUBJECT AY BY IGNORING THE LOSSES REPORTED IN THE RETURN OF INCOME FILED BY THE APPELLANT FOR THE SUBJECT AY. 4. HOWEVER, VIDE ORDER DATED 26.02.2018, WE FIND THAT THE TRIBUNAL HAS NOT ADJUDICATED GROUND NO. 3 AS REPRODUCED HEREINABOVE. THUS, WE FIND THAT THE TRIBUNAL, INADVERTENTLY OMITTED TO ADJUDICATE THE ABOVE M.P. NO.176/CHNY/18 3 GROUND AND THUS, THERE IS A MISTAKE APPARENT RECORD. ACCORDINGLY, WE RECALL THE ORDER OF THE TRIBUNAL DATED 26.02.2018 FOR LIMITED PURPOSE TO ADJUDICATE THE ABOVE ISSUE. THE REGISTRY IS DIRECTED TO POST THE APPEAL FOR ADJUDICATION ON REGULAR COURSE AND ISSUE NOTICE TO BOTH THE PARTIES. 4. IN THE RESULT, THE MP FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON THE 30 TH OCTOBER, 2018 AT CHENNAI. SD/ - SD/ - (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (DUVVURU RL REDDY) JUDICIAL MEMBER CHENNAI, DATED, THE 30.10.2018 VM/- /COPY TO: 1. / APPELLANT, 2. / RESPONDENT, 3. ( ) /CIT(A), 4. /CIT, 5. /DR & 6. /GF.