ACI Worldwide Solutions p Ltd, Bangalore V. Assistant commissioner of income tax, Bangalore

MA 21/BANG/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4213 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-05-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 22-04-2016
• Assessment Year: 2002-2003
• Appeal Filed On: 29-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

MP.21/BANG/2016 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH 'B', BANGALORE BEFORE SHRI. ABRAHAM P. GEORGE, ACCOUNTANT MEMBER AND SHRI. VIJAYPAL RAO, JUDICIAL MEMBER MISCELLANEOUS PETITION NO.21/BANG/2016 (IN I.T(TP).A NO.651 & 782/BANG/2014 (ASSESSMENT YEAR : 2002-03) M/S. ACI WORLDWIDE SOLUTIONS P LTD, (FORMERLY VISUAL WEB SOLUTIONS P. LTD) NO.9, SALARPURIA CAMBRIDGE MALL, CAMBRIDE ROAD, ULSOOR, BENGALURU 560 008 .. APPELLANT PAN : AAACV7566R V. ASST. COMMISSIONER OF INCOME-TAX, CIRCLE -12(3), BENGALURU .. RESPONDENT ASSESSEE BY : SHRI. SUDHEENDRA, FCA REVENUE BY : SHRI. T. CHANDRASHEKAR, JCIT HEARD ON : 27.05.2016 PRONOUNCED ON : 27.05.2016 O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER : THROUGH THIS MISCELLANEOUS PETITION ASSESSEE STATE S THAT THERE IS A MISTAKE IN THE ORDER DT.05.10.2015 OF THIS TRIBUNAL , WHEREBY COMPARABILITY MP.21/BANG/2016 PAGE - 2 OF ONE COMPANY NAMELY, M/S. CHERRY SOFT TECHNOLOGIE S LTD, WAS REMITTED BACK TO CIT (A), WHEREAS COMPARABILITY OF M/S. AVIA TION SOFTWARE DEVELOPMENT CONSULTANCY LTD, WAS REMITTED BACK TO T HE AO / TPO. 02. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT REM ANDING COMPARABILITY ISSUES TO DIFFERENT AUTHORITIES THROU GH THE SAME ORDER WOULD LEAD TO AN UNWORKABLE SITUATION. AS PER THE LD. AR , IT WOULD RESULT IN MULTICIPLITY OF PROCEEDINGS BEFORE DIFFERENT AUTHOR ITIES FOR THE VERY SAME ASSESSMENT YEAR. SPECIFIC REFERENCE WAS MADE TO PA RA 10.4 AND 8.6 OF THE ORDER OF THE TRIBUNAL. LD. AR ALSO SUBMITTED THAT IN A SIMILAR SITUATION IN THE CASE OF M/S. SUPPORTSOFT INDIA P. LTD [MP.63/BA NG/2013, DT.23.08.2013], THIS TRIBUNAL HAD REMITTED THE COMP ARABILITY TO THE VERY SAME AUTHORITY. 03. LD. DR FAIRLY AGREED THAT THE COMPARABILITY COU LD BE REMITTED BACK TO THE AO / TPO. 04. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THERE IS A MISTAKE APPARENT F ROM RECORD, IN THAT THE ISSUE OF COMPARABILITY OF M/S. CHERRY SOFT TECHNOLO GIES LTD, WAS REMITTED BACK TO CIT (A), WHEREAS THAT OF M/S. AVIATION SOFT WARE CONSULTANCY LTD, MP.21/BANG/2016 PAGE - 3 WAS REMITTED BACK BY THIS TRIBUNAL TO THE AO / TPO. SO AS TO BRING PARITY, WE AMEND PARA 10.4 OF THE ORDER OF THE TRIBUNAL, AS UNDER : ......... WE DEEM IT FIT TO RESTORE THE MATTER TO THE FILE OF THE AO / TPO FOR EXAMINATION AFRESH IN THE LIGHT OF THE SUBM ISSIONS PUT FORTH BY THE ASSESSEE AND TO ADJUDICATE ON THE COMP ARABILITY OF CHERRY SOFT TECHNOLOGIES LTD, AFTER AFFORDING ADEQU ATE OPPORTUNITY TO THE ASSESSEE OF BEING HEARD AND TO S UBMIT DETAILS / SUBMISSIONS IN THIS REGARD. IT IS ORDERED ACCORDIN GLY. 05. IN THE RESULT, MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH MAY, 2016. SD/- SD/- (VIJAYPAL RAO) (ABRAH AM P GEORGE) JUDICIAL MEMBER ACCOUNTANT MEMBER MCN COPY TO: 1. THE ASSESSEE 2. THE ASSESSING OFFICER 3. THE COMMISSIONER OF INCOME-TAX 4. COMMISSIONER OF INCOME-TAX(A) 5. DR 6. GF, ITAT, BANGALORE BY ORDER ASSISTANT REGISTRAR