M/s Indecomm Global Services India Pvt Ltd , Bangalore V. Deputy Commissioner of Income TAx Circle-3(1)(1), Bangalore

MA 56/BANG/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9261 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-08-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 27-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRIYADARSHI MISHRA
• Assessee Lawyers: K R VASUDEVAN
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI. B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER M.P NO.56/BANG/2020 (IN IT(TP)A NO.185/BANG/2018) ASSESSMENT YEAR : 2012 13 M/S INDECOMM GLOBAL (INDIA) PVT. LTD., 11-12/1, 4 TH FLOOR, MARUTHI INFOTECH CENTER BLOCK A, AMARJYOTHI LAYOUT, OFF. INTERMEDIATE RING ROAD, DOMLUR, BENGALURU. PAN : AABCB 6817 E VS. THE DY. COMMISSIONER OF INCOME-TAX, CIRCLE-3(1)(1), BENGALURU. APPELLANT RESPONDENT APPELLANT BY : SHRI K.R VASUDEVAN, ADVOCATE RESPONDENT BY : SHRI PRIYADARSHI MISHRA, JCIT DATE OF HEARING : 07-08-2020 DATE OF PRONOUNCEMENT : 14-08-2020 ORDER PER BEENA PILLAI, JUDICIAL MEMBER PRESENT MISCELLANEOUS PETITION HAS BEEN FILED BY A SSESSEE ALLEGING CERTAIN MISTAKES APPARENT ON RECORD INADV ERTENTLY CREPT IN ORDER DATED 28/8/2019. 2. IT HAS BEEN SUBMITTED BY LD. AR THAT (TRIBUNAL) HAS NOT ADJUDICATED FOLLOWING ISSUES WHILE PASSING IMPUGN ED ORDER. PAGE 2 OF 4 M.P NO.56/BANG/2020 4.7 THE LEARNED AO/LEARNED TPO/HON'BLE CIT(A) HAS GROSSLY ERRED IN REJECTING COMPANIES THAT OUGHT TO HAVE BEEN INCLUDE D AS COMPARABLES: * ICRA ONLINE LTD. * TECH PROCESS SOLUTIONS LTD. * CAMEO CORPORATE SERVICES LTD. * CRYSTAL VOXX LTD. * INFORMED TECHNOLOGIES INDIA LTD. 4.9 THE LEARNED AO/LEARNED TPO/HON'BLE CIT(A) HAS E RRED IN ALLOWING NEGATIVE WORKING CAPITAL ADJUSTMENT TO THE ITES SEG MENT OF THE APPELLANT. 3. WE HAVE GONE THROUGH IMPUGNED ORDER AND NOTED T HAT SUBMISSIONS ADVANCED BY LD. AR ARE CORRECT. WE NOT E THAT, INADVERTENTLY GROUNDS REFERRED HEREIN ABOVE HAS NOT BEEN ADJUDICATED. 4. THE LD DR DID NOT OBJECTED FOR THE SAME. 5. ACCORDINGLY IN INTEREST OF JUSTICE WE RECALL OR DER DATED 28/2/2019, FOR LIMITED PURPOSES TO ADJUDICATE THE F OLLOWING GROUNDS: 4.7 THE LEARNED AO/LEARNED TPO/HON'BLE CIT(A) HAS G ROSSLY ERRED IN REJECTING COMPANIES THAT OUGHT TO HAVE BEEN INCLUDE D AS COMPARABLES: * ICRA ONLINE LTD. * TECH PROCESS SOLUTIONS LTD. * CAMEO CORPORATE SERVICES LTD. * CRYSTAL VOXX LTD. * INFORMED TECHNOLOGIES INDIA LTD. 4.9 THE LEARNED AO/LEARNED TPO/HON'BLE CIT(A) HAS E RRED IN ALLOWING NEGATIVE WORKING CAPITAL ADJUSTMENT TO THE ITES SEG MENT OF THE APPELLANT. 6. REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARI NG ON THE LIMITED ISSUES, AS STATED HEREIN. PAGE 3 OF 4 M.P NO.56/BANG/2020 IN THE RESULT, THE MISC. PETITION OF THE ASSESSEE I S ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH AUG, 2020 SD/- SD/- (B. R. BASKARAN) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL ME MBER BANGALORE, DATED, THE 14 TH AUG, 2020. /VMS/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE PAGE 4 OF 4 M.P NO.56/BANG/2020 DATE INITIAL 1. DRAFT DICTATED ON ON DRAGON SR.PS 2. DRAFT PLACED BEFORE AUTHOR -08-2020 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER -08-2020 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. -08-2020 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS -08-2020 SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON -08-2020 SR.PS 7. DATE OF UPLOADING THE ORDER ON WEBSITE -08-2020 SR.PS 8. IF NOT UPLOADED, FURNISH THE REASON -- SR.PS 9. FILE SENT TO THE BENCH CLERK -08-2020 SR.PS 10. DATE ON WHICH FILE GOES TO THE AR 11. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 12. DATE OF DISPATCH OF ORDER. 13. DRAFT DICTATION SHEETS ARE ATTACHED NO SR.PS