Quantum Clothing India Private Limited, , Visakhapatnam V. The Assistant Commissioner of Income Tax, Circle-5(1), Visakhapatnam

MA 21/VIZ/2023

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 5547 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 7 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-11-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 12-10-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 09-04-2023
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Transfer pricing
• Section: 10AA

Judgement Text

आयकर अपीलȣयअͬधकरण, ͪवशाखापटणम पीठ, ͪवशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM Įी दुåवूǽ आर एल रेɬडी, ÛयाǓयक सदèय एवं Įी एस बालाकृçणन, लेखा सदèय के सम¢ BEFORE SHRI DUVVURU RL REDDY, HON’BLE JUDICIAL MEMBER & SHRI S BALAKRISHNAN, HON’BLE ACCOUNTANT MEMBER (Through Hybrid Hearing) M.A. No. 21/Viz/2023 (In आयकर अपील सं./ I.T.A. No.603/Viz/2018) (Ǔनधा[रण वष[ / Assessment Year : 2014-15) Quantum Clothing India Private Limited, Plot No.12, Brandix India Apparel City (SEZ), Pudimadaka Road, Atchutapuram Mandal, Visakhapatnam – 531011. PAN: AAACQ 1640 H Vs. Assistant Commissioner of Income Tax, Circle-5(1), 2 nd Floor, Direct Taxes Building, MVP Double Road, Visakhapatnam, Andhra Pradesh-530017. (अपीलाथȸ/ Appellant) (Ĥ×यथȸ/ Respondent) अपीलाथȸ कȧ ओर से/ Appellant by : Sri R. Vijayaraghavan Ĥ×याथȸ कȧ ओर से / Respondent by : Sri Madhukar Aves, Sr. AR सुनवाई कȧ तारȣख / Date of Hearing : 13/10/2023 घोषणा कȧ तारȣख/Date of Pronouncement : 21/11/2023 O R D E R PER S. BALAKRISHNAN, Accountant Member : This Miscellaneous Application is filed by the assessee seeking rectification of the order passed by the Tribunal in ITA No. 603/Viz/2018, AY: 2014-15, dated 16/02/2023. 2 2. Briefly stated the back-ground facts are that, in the original appeal the assessee has raised 26 Grounds of Appeal in toto and the Tribunal after hearing both the parties and on perusal of the material placed before the Tribunal, find merit in the arguments of the Ld. AR that the assessee was not provided proper opportunity to present its case effectively on merits and accordingly adjudicated the issues involved in the appeal and passed the order on 16/02/2023 and allowed the grounds of appeal raised by the assessee for statistical purposes as the matter is remitted back to the file of the Ld. TPO. Vide the present Miscellaneous Application, the assessee contends that while disposing off the appeal of the assessee, the Tribunal has not adjudicated certain grounds viz., Ground No.21: Working capital adjustment; Ground No. 24, 25 & 26: Deduction under section 10AA and therefore it is prayed that non-adjudication of these grounds of appeal is a mistake apparent from the record and accordingly the same may be rectified. 3. Before us, at the outset, the Ld. Authorized Representative of the assessee contended that the Tribunal while passing the order has not considered Ground Nos. 21, 24, 25 & 26 as raised in the original Grounds of Appeal filed along with the Form-36. The Ld. AR therefore pleaded that there is a mistake apparent from record as the above grounds have not been adjudicated / referred to in the order. He 3 therefore pleaded that necessary directions may be give to the Ld. AO regarding the above Grounds (Nos. 21, 24, 25 & 26). Per contra, the Ld. DR relied on the order of the Tribunal. 4. We have considered the rival contentions and perused the order of the Tribunal. The Tribunal while passing the order has remitted the matter back to the file of the Ld. Transfer Pricing Officer (TPO) since no proper opportunity was provided to the assessee to represent the case before the Ld. TPO. Accordingly, while passing the order the Tribunal has remitted all the Grounds raised by the assessee to the file of the Ld. TPO and hence there is no mistake apparent from record. With respect to non-adjudication of the Grounds (Nos. 21, 24, 25 & 26) as pleaded by the Ld. AR the Tribunal in its order in para 7 has held as under: “7.........In view of the above discussions, following the principles of natural justice, we consider it deem and fit to re mit the matter back to the file of the Ld. TPO......” Since the entire grounds have been remitted back to the file of the Ld. TPO, we find there is no mistake apparent from the record and hence the Miscellaneous Application filed by the assessee is dismissed. 4 5. In the result, Miscellaneous Application filed by the assessee is dismissed as mentioned herein above. Order pronounced in the open court on 22 nd November, 2023. Sd/- Sd/- (दुåवूǽ आर.एल रेɬडी) (एस बालाकृçणन) (DUVVURU RL REDDY) (S.BALAKRISHNAN) ÛयाǓयकसदèय/JUDICIAL MEMBER लेखा सदèय/ACCOUNTANT MEMBER Dated : 22.11.2023 OKK - SPS आदेश कȧ ĤǓतͧलͪप अĒेͪषत/Copy of the order forwarded to:- 1. Ǔनधा[ǐरती/ The Assessee – Quantum Clothing India Private Limited, Plot No.12, Brandix India Apparel City (SEZ), Pudimadaka Road, Atchutapuram Mandal, Visakhapatnam – 531011. 2. राजèव/The Revenue – Assistant Commissioner of Income Tax, Circle-5(1), 2 nd Floor, Direct Taxes Building, MVP Double Road, Visakhapatnam, Andhra Pradesh-530017. 3. The Dispute Resolution Panel-1, Kendriyasadan, 4 th Floor, C-Wing, Bengaluru-560034. 4. आयकर आयुÈत (अपील)/ The Commissioner of Income Tax (ii) Deputy Commissioner of Income Tax (Transfer Pricing Officer)-2, Hyderabad. 5. ͪवभागीय ĤǓतǓनͬध, आयकर अपीलȣय अͬधकरण, ͪवशाखापटणम/ DR, ITAT, Visakhapatnam 6. गाड[ फ़ाईल / Guard file आदेशानुसार / BY ORDER Sr. Private Secretary ITAT, Visakhapatnam