Lloyds Offshore Global Services Private Limited, Bengaluru V. Deputy Commissioner Of Income Tax, Circle-4(1)(1), Bangalore

MA 23/BANG/2023

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The case involves M/s. Lloyds Offshore Global Services Pvt. Ltd., the appellant, and the Deputy Commissioner of Income Tax, Circle 4(1)(1), Bangalore, the respondent. The appellant filed miscellaneous petitions against a previous Tribunal order, seeking correction of a typographic error regarding the inclusion of EDCIL (India) Ltd. in the comparables list for the assessment year 2011-12. The Tribunal acknowledged the error and corrected the mistake, directing the TPO/AO to verify the facts and apply the Tribunal's earlier decision if the facts are identical.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 124388 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-05-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 18-05-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 15-01-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER M.P. Nos. 22 & 23/Bang/2023 (in IT(TP)A Nos. 27/Bang/2020 & 194/Bang/2021) Assessment Years : 2015-16 & 2016-17 M/s. Lloyds Offshore Global Services Pvt. Ltd., 6/12, Primrose Road, Guruappa Avenue, Bangalore – 560 025. PAN: AAACL9321N Vs. The Deputy Commissioner of Income Tax, Circle 4(1)(1), Bangalore. APPELLANT RESPONDENT Assessee by : Shri Chavali Narayan, CA Revenue by : Shri Pavan Kumar, Addl. CIT (DR) Date of Hearing : 19-05-2023 Date of Pronouncement : 19-05-2023 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present miscellaneous petitions are filed by the assessee against the order dated 20.10.2022 seeking certain typographic mistakes that has crept in. 2. The Ld.AR submitted that there is a typographic mistake that has crept in the Tribunal order dated 20.10.2022 in para 34 at page 16 of the order. It was noticed that the comparable EDCIL (India) Ltd. was inadvertently mentioned to be excluded for A.Y. Page 2 M.P. Nos. 22 & 23/Bang/2023 (in IT(TP)A Nos. 27/Bang/2020 & 194/Bang/2021) 2011-12 following the decision of Coordinate Bench of this Tribunal in assessee’s own case whereas it was originally included in the comparables list for A.Y. 2011-12. Henceforth para 34 shall be read as under: “We heard the ld DR. We notice that the coordinate bench in assessee’s own case has held that EDCIL be included from the comparables for AY 2011-12 by relying on the decision in assessee’s own case for AY 2008-09. The year under consideration being AY 2015-16, it is important to verify whether the facts are identical before applying the decision of the Hon’ble Tribunal. Therefore we remit the issue back to the TPO/AO to verify the facts and if there is no change i.e. facts are being identical with that of earlier year in which the above decision is rendered, then follow the decision of the Hon’ble Tribunal. Needless to say that the assessee be given a reasonable opportunity of being heard. It is ordered accordingly.” 3. The rest of the contents of order dated 20/10/2022 passed by this Tribunal shall remain unchanged. In the result, both the miscellaneous petitions filed by the assessee stands allowed. Order pronounced in the open court on 19 th May, 2023. Sd/- Sd/- (CHANDRA POOJARI) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, the 19 th May, 2023. /MS / Page 3 M.P. Nos. 22 & 23/Bang/2023 (in IT(TP)A Nos. 27/Bang/2020 & 194/Bang/2021) Copy to: 1. Appellant 4. CIT(A) 2. Respondent 5. DR, ITAT, Bangalore 3. CIT 6. Guard file By order Assistant Registrar, ITAT, Bangalore