M/s. Onmobile Global Limited, Bengaluru V. Deputy Commissioner Of Income Tax, Circle- 5(1)(2), Bengaluru

MA 58/BANG/2023

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The case involves Onmobile Global Ltd., the applicant, who filed a miscellaneous petition seeking rectification of a common order dated 10.08.2022 by the Income Tax Appellate Tribunal, Bangalore. The petition addressed an oversight where the ground concerning the deduction of unclaimed foreign tax credit for the assessment year 2015-16 was not adjudicated, despite being considered for the assessment year 2014-15. The Tribunal acknowledged the oversight and decided to remit the issue back to the AO for a fresh decision, aligning with the earlier decision made for the previous assessment year.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 124930 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-03-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 30-03-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 13-02-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND Ms. PADMAVATHY S, ACCOUNTANT MEMBER MP No.58/Bang/2023 [in IT(TP)A No.2560/Bang/2019 Assessment year : 2015-16 Onmobile Global Ltd., Tower # 1, 94/1C & 94/2, Veerasandra Village, Attibele Hobli, Anekal Taluk, Electronics City, Phase 1, Bengaluru – 560 100. PAN: AAACO 3900E Vs. The Asstt./Deputy Commissioner of Income Tax, Circle 5(1)(2), Bengaluru. APPLICANT RESPONDENT Applicant by : Smt. Manasa Ananthan, Advocate Respondent by : Shri Gudimella VP Pavan Kumar, Jt. (DR)(ITAT), Bengaluru. Date of hearing : 31.03.2023 Date of Pronouncement : 31.03.2023 O R D E R Per Padmavathy S., Accountant Member This miscellaneous petition is filed by the assessee seeking certain rectification of the common order of the Tribunal dated 10.08.2022 in IT(TP)A No. 2560/Bang/2019 for the assessment year 2015-16. MP No.58/Bang/2023 Page 2 of 3 2. The ld. AR submitted that common order of the Tribunal dated 10.08.2022 was passed in assessee’s case for AYs 2014-15 & 2015- 16. However, while the ground regarding deduction of unclaimed foreign tax credit was adjudicated for AY 2014-15, however an identical ground raised by the assessee for AY 2015-16 by way of additional ground remained unadjudicated, which is a mistake apparent on record. He therefore submitted that the same may be adjudicated. 3. We have heard both the parties and perused the material on record. We find that the ground raised with regard to deduction of unclaimed foreign tax credit was inadvertently not adjudicated for AY 2015-16 and hence the same is now taken up for adjudication. Deduction in respect of unclaimed Foreign Tax Credit (FTC) for AY 2015-16 4. We have decided similar issue for AY 2014-15 in paras 45 to 49 of the order dated 10.8.2022 remitting the issue to the AO for fresh decision. Accordingly, this issue for AY 2015-16 is also remitted to the AO with similar directions. 5. In the result, the miscellaneous petition is allowed. Pronounced in the open court on this 31 st day of March, 2023. Sd/- Sd/- ( GEORGE GEORGE K. ) ( PADMAVATHY S. ) JUDICIAL MEMBER ACCOUNTANT MEMBER Bangalore, Dated, the 31 st March, 2023. /Desai S Murthy / MP No.58/Bang/2023 Page 3 of 3 Copy to: 1. Applicant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT, Bangalore. By order Assistant Registrar ITAT, Bangalore.