Telelogic I p LTD, Bangalore V. Assistant Commissioner of Income tax, Bangalore

MA 38/BANG/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4395 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-06-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 03-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P K SRIHARI
• Assessee Lawyers: PADAMCHAND KHINCHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, BANGALORE BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER MISC.PETN.NO.38/BANG/2016 (IN IT (TP) A NO. 22/ BANG/20 12) (ASSESSMENT YEAR: 2005 - 06) M/S.TELELOGIC INDIA PVT., LTD. C/O IBM INDIA PVT. LTD. NO.12, SUBRAMANYA ARCADE III FLOOR,, BANNERGHATTA MAIN ROAD, BANGALORE - 5600029. PAN: AABCT 3727 D VS. PETITIONER ASST. COMMISSIONER OF INCOME - TAX, CIRCLE 12(4), BANGALORE. RESPONDENT PET ITIONER BY: SHRI PADAMCHAND KHINCHA, CA RESPONDENT BY: DR. P.K.SRIHARI, ADDL.CIT DATE OF HEARING : 03/06/2016 DATE OF PRONOUNCEMENT: 17 /06/2016 O R D E R PER INTURI RAMA RAO , AM : THE ASSESSEE - COMPANY HAS FILED THIS MISCELLANEOUS PETITIO N PRAYING THAT GROUND NO.5(B) RAISED BY THE ASSESSEE - COMPANY IN IN IT(TP)A NO.22/BANG/2012 HAD NOT BEEN ADJUDICATED THOUGH THE GROUND OF APPEAL WAS ARGUED DURING THE COURSE OF HEARING OF APPEAL. MP NO . 38 /BANG/20 16 PAGE 2 OF 2 2. AFTER HEARING BOTH THE PARTIES IN THIS REGARD, WE FI ND THAT THIS GROUND OF APPEAL WAS SPECIFICALLY ARGUED BY THE LEARNED AR OF THE ASSESSEE. HOWEVER, THIS GROUND REMAINED UN - ADJUDICATED. IN THE CIRCUMSTA NCES, WE RECALL THE ORDER DATED 16/03/2016 IN IT(TP)A NOS.22 & 30/BANG/2012 FOR THE LIMITED PURPOSE OF ADJUDICATING GROUND NO.5(B) WHICH READS AS UNDER: THE AO/TPO ERRED IN LAW AND ON FACTS IN NOT ALLOWING APPROPRIATE ADJUSTMENTS FOR THE SPECIFIC NON - OPERATING COSTS INCURRED BY THE APPELLANT DURING FY 2004 - 05 WE DIRECT THE REGISTRY TO POST THE APPEAL FOR HEARING IN THE REGULAR COURSE. 3. IN THE RESU L T, THE MISC. PETITION IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 17 TH JUNE , 2016 . S D/ - S D/ - (VIJAY PAL RAO) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BANGALORE D A T E D : 17 /0 6 /2016 E KSRINIVASULU ,SPS COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE T RIBUNAL BANGALORE