M/s Synopsys (India) Private Limited, Bangalore V. Addl.C.I.T., Bangalore

MA 259/BANG/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2252 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 10 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-06-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 27-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R N SIDAPPAJI
• Assessee Lawyers: P K PRASAD

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBERAND SHRI LALIET KUMAR, JUDICIAL MEMBER MP NO. 259 & 260/BANG/2017 (IN IT(TP)A NO. 1 095 & 1274 /BANG/201 2 ) ASSESSMENT YEAR : 20 07 08 M/S. SYNOPSYS (INDIA) PVT. LTD., RMZ INFINITY, TOWER A, 4 TH & 5 TH FLOOR, MUNICIPAL NO. 3, OLD MADRAS ROAD, BENNIGANAHALLI, BANGALORE 560 016. PAN: AA B C S8847D VS. THE ACIT, CIRCLE 12 (3), BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : SHRI P. K. PRASAD, ADVOCATE REVENUE BY : SHRI R. N. SIDAPPAJI , ADDL. CIT (DR) DATE OF HEARING 10 . 05 .201 9 DATE OF PRONOUNCEMENT 21 . 0 6 .201 9 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER; THESE TWO M.PS. ARE FILED BY THE ASSESSEE POINTING OUT CERTAIN APPARENT MISTAKES IN THE IMPUGNED COMBINED TRIBUNAL ORDER DATED 08.03.2017. 2. AS PER THESE M. PS., THIS IS CONTENDED THAT IN GROUND NO. 3 (C), THIS WAS THE ISSUE RAISED BY THE ASSESSEE THAT TWO COMPARABLES I.E. AVANI CIMCOM TECHNOLOGIES LTD. AND FLEXTRONICS SOFTWARE SYSTEMS LTD. SHOULD BE EXCLUDED. IT IS ALSO SUBMITTED THAT THE TRIBUNAL MISTAKENLY ASSUMED THAT THESE TWO COMPARABLE COMPANIES GOT EXCLUDED BY APPLYING RPT FILTER OF 15% AND DID NOT DECIDE THEIR EXCLUSION ON THE BASIS OF OTHER ASPECTS BUT THE RPT PERCENTAGE OF THESE TWO COMPANIES IS MUCH BELOW 15% AND HENCE, AS PER THIS RPT FILTER OF 15%, THESE TWO COMPARABLES DO NOT GET EXCLUDED AND THEREFORE, THE ISSUE ABOUT THEIR EXCLUSION ON OTHER ASPECTS REMAINED UNDECIDED. IT IS SUBMITTED THAT THIS IS AN APPARENT MISTAKE AND THEREFORE, FOR THE PURPOSE OF DECIDING THE ISSUE REGARDING THE EXCLUSION OF THESE TWO COMPARABLES ON ALL ASPECTS, THE IMPUGNED TRIBUNAL ORDER SHOULD BE RECALLED. LEARNED DR ALTHOUGH SUBMITTED THAT THERE IS NO APPARENT MISTAKE IN THE TRIBUNAL ORDER BUT HE COULD NOT DEMONSTRATE AS TO MP NO. 259 & 260/BANG/2017 (IN IT (TP) A NO. 1095 & 1274/BANG/2012) PAGE 2 OF 2 HOW THE ISSUE ABOUT EXCLUSION OF THESE TWO COMPARABLES CAN BE SAID TO HAVE BEEN DECIDED IN THE FACTS OF THE PRESENT CASE AS DISCUSSED ABOVE. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND IN VIEW OF ABOVE DISCUSSION, WE RECALL THIS TRIBUNAL ORDER FOR THE LIMITED PURPOSE TO DECIDE AFRESH ABOUT EXCLUSION OF THESE TWO COMPARABLES I.E. AVANI CIMCOM TECHNOLOGIES LTD. AND FLEXTRONICS SOFTWARE SYSTEMS LTD. AFTER HEARING BOTH SIDES. REGISTRY IS DIRECTED TO POST THESE APPEALS FOR HEARING ON 03.06.2019. SINCE THIS DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT, NO NOTICE OF HEARING IS REQUIRED TO BE ISSUED. 4. IN THE RESULT, THESE TWO M. PS. FILED BY THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- (LALIET KUMAR) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 21 ST JUNE, 2019. /MS/ COPY TO: 1. APP ELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.