Deputy Commissioner of Income-tax, Circle - 1(1), Pune V. Barclays Technology Centre India Pvt. Ltd., Pune

MA 18/PUN/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0959 (ITAT-PUNE)
• Duration Of Justice: 7 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 16-11-2018
• Assessment Year: 2010-2011
• Appeal Filed On: 28-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C O NO PUN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUN E , , , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM M.A. NO. 18/PUN/2018 (ARISING OUT OF ITA NO.1251/PUN/2015-BY REVENUE & C.O.NO.45/PUN/2017-BY ASSESSEE) / ASSESSMENT YEAR : 2010-11 THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1), PUNE .. /APPLICANT / V/S. M/S. BARCLAYS TECHNOLOGY CENTRE INDIA PVT. LTD., 7 TH FLOOR, WING-3, CLUSTER A, ECON FREE ZONE, MIDC KNOWLEDGE PARK, KHARADI, PUNE 411 014 PAN : AADCB1173D / RESPONDENT ASSESSEE BY : SHRI RAJENDRA AGIWAL REVENUE BY : SHRI AMIT BOBDE / DATE OF HEARING : 16.11.2018 / DATE OF PRONOUNCEMENT : 27.11.2018 / ORDER PER SUSHMA CHOWLA, JM THE MISCELLANEOUS APPLICATION IS FILED BY THE APPL ICANT AGAINST THE ORDER OF TRIBUNAL DATED 29.09.2017. 2. VIDE THIS MISCELLANEOUS APPLICATION, THE APPLICA NT IS AGGRIEVED BY THE ORDER OF THE TRIBUNAL DATED 29.09.2017 WHEREIN THE GROUND OF APPEAL RAISED BY THE DEPARTMENT IN RESPECT OF FCS SOFTWARE LTD. WAS DECIDED. THE T RIBUNAL HELD THAT THE SAID CONCERN WAS A PRODUCT COMPANY AND WAS NOT FUNCTIONALLY COMP ARABLE TO THE ASSESSEE. HENCE, ITS EXCLUSION WAS UPHELD. OTHER GROUNDS OF APPEAL WERE RAISED BY THE REVENUE AND BY THE ASSESSEE AND VIDE PARA NO.13, TH E TRIBUNAL NOTES THAT THE MODIFIED GROUND OF APPEAL NO.2 RAISED BY THE REVENU E BECOMES ACADEMIC IN NATURE IN VIEW OF THE PLEADINGS OF THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE, IF 2 MA NO.18/PUN/2018 A.Y. 2010-11 THE MODIFIED GROUND OF APPEAL NO.1 RAISED BY THE RE VENUE IS DISMISSED. THE LEARNED AUTHORIZED REPRESENTATIVE ALSO POINTED OUT THAT THE ISSUE RAISED VIDE CROSS OBJECTION WOULD ALSO BECOME ACADEMIC IN NATURE, INCASE THE MO DIFIED GROUND OF APPEAL NO.1 RAISED BY THE REVENUE IS DISMISSED. ACCORDINGLY, T HE ONLY ISSUE RAISED IN MODIFIED GROUND OF APPEAL NO.1 BY THE REVENUE WAS DECIDED AN D DISMISSED BY THE TRIBUNAL AND THE OTHER GROUND OF APPEAL WAS HELD TO BE ACADE MIC IN NATURE. 3. FIRST OF ALL, THE SAID GROUND OF APPEAL NO.2 RAI SED BY THE REVENUE HAS BEEN DECIDED ON THE PRELIMINARY ISSUE THAT IT WOULD BECO ME ACADEMIC IN NATURE, INCASE THE MODIFIED GROUND OF APPEAL NO.1 RAISED BY THE REVENU E IS DISMISSED, IN VIEW OF THE CONCESSION OF THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE. ACCORDINGLY, THERE IS NO MERIT IN THE PRESENT MISCELLANEOUS APPL ICATION MOVED BY THE REVENUE AND THE SAME IS DISMISSED. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE APPLICANT-REVENUE IS DISMISSED. ORDER PRONOUNCED ON THIS 27 TH DAY OF NOVEMBER, 2018. SD/- SD/- (ANIL CHATURVEDI) (SUSHMA CHOWLA) /ACCOUNTANT MEMBER /JUDICIAL MEMBER / PUNE; / DATED : 27 TH NOVEMBER, 2018. SATISH / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-13, PUNE. 4. THE CIT(IT/TP/PR.CIT-1, PUNE. 5. , , , / DR, ITAT, B BENCH, PUNE. 6. / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.