ORBITECH LTD ( FORMELRY CITICORP OVERSEAS SOFTWARE LTD), V. DCIT RG 8(2),

MA 645/MUM/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0019 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-03-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2001-2002
• Appeal Filed On: 18-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K K LALKAKA
• Section: 10

Judgement Text

, ,P** ,P** ,P** ,P** IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI . . , , ! ', # $ BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER AND SHRI AMIT SHUKLA, JUDICIAL MEMBER . / M.A. NO. 645/MUM./2012 . / ITA NO. 3209/MUM./2005 ( / ASSESSMENT YEAR : 200102 ) M/S. ORBITECH LTD. (FORMERLY CITICORP OVERSEAS SOFTWARE LTD.) TRENT HOUSE, 1 ST FLOOR, PLOT C60 GBLOCK, BANDRA KURLA COMPLEX BANDRA EAST, MUMBAI 400 051. .. / APPELLANT V/S DY. COMMISSIONER OF INCOME TAX RANGE 8 (2) MUMBAI. .... ! / RESPONDENT ' # . / PERMANENT ACCOUNT NUMBER AAACC5736G % & ' / ASSESSEE BY : MR. K.K. LALKAKA (' & ' / REVENUE BY : MS. NEERAJA PRADHAN ) * & +# / DATE OF HEARING 22.03.2013 , -. & +# / DATE OF ORDER 22.03.2013 ! / ORDER ! ', # % / PER AMIT SHUKLA, J.M. THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN PREF ERRED BY THE ASSESSEE IN RELATION TO ORDER DATED 9 TH FEBRUARY 2010, PASSED BY THE M.A. NO. 645/MUM./2012 M/S. ORBITECH LTD. (FORMERLY CITICORP OVERSEAS SOFTWARE LTD.) 2 TRIBUNAL, MUMBAI BENCH, IN ITA NO. 3209/MUM./2005 F OR THE ASSESSMENT YEAR 200102. 2. THE ONLY MISTAKE WHICH HAS BEEN POINTED OUT BY THE LEARNED COUNSEL, SHRI K.K. LALKAKA IS THAT, THERE HAS OCCURRED A TYP OGRAPHICAL MISTAKE WHILE INCORPORATING THE GROUNDS OF APPEAL NO. 1 IN PARA 2 OF THE ITAT ORDER, IN AS MUCH AS SUM OF `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` `` ` 11.91 CRORES DERIVED FROM THE INDUSTRIAL UNDERTAKING LOCATED AT HYDERABAD AND ` `` ` 15.11 CRORES DERIVED FROM THE INDUSTRIAL UNDERTAKING LOCA TED AT CHENAI SINCE IN THE OPINION OF THE ASSESSING OFFICER, THE RE WAS ALLEGED CONTRAVENTION OF THE PROVISIONS OF SUBSECT ION (IX) OF SECTION 10A OF THE INCOME TAX ACT. HOWEVER, WHILE INCORPORATING THE SAID GROUND IN PAR A 2 OF THE TRIBUNAL INADVERTENTLY COULD NOT REPRODUCE THE FIGURE OF ` 15.11 CRORES DERIVED FROM THE INDUSTRIAL UNDERTAKING LOCATED AT CHENNAI. THIS SEEMS TO BE M.A. NO. 645/MUM./2012 M/S. ORBITECH LTD. (FORMERLY CITICORP OVERSEAS SOFTWARE LTD.) 3 TYPOGRAPHICAL MISTAKE. THUS, GROUND NO. 1 IN PARA 2 OF THE TRIBUNAL WILL NOW READ AS UNDER : ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED CIT(A) HAS ERRED IN UPHOLDING THE ORDER OF THE ASSESSING OFFICER ON THE ERRONEOUS GROUND THAT THE APPELLANT IS NOT ENTITLED TO DEDUCTION UNDER SECTION 10A OF THE ACT IN RESPECT OF ITS PROFITS OF ` 11.91 CRORES DERIVED FROM THE INDUSTRIAL UNDERTAKING LOCATED AT HYDERABAD AND ` 15.11 CRORES DERIVED FROM THE INDUSTRIAL UNDERTAKING LOCATED AT CHENAI S INCE IN THE OPINION OF THE ASSESSING OFFICER, THERE WAS ALLEGED CONTRAVENTION OF THE PROVISIONS OF SUBSECTION (IX) OF SECTION 10 A OF THE INCOME TAX ACT. 4. THIS CORRIGENDUM WILL BE PART OF THE ORDER DATED 9 TH FEBRUARY 2010 PASSED IN ITA NO. 3209/MUM./2005. ACCORDINGLY, MISC ELLANEOUS APPLICATION FILED BY THE ASSESSEE IS TREATED AS ALLOWED. 5. IN THE RESULT, ASSESSEES M.A. IS TREATED AS ALL OWED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND MARCH, 2013 SD/ . . R.S. SYAL ACCOUNTANT MEMBER SD/ ! ' # AMIT SHUKLA JUDICIAL MEMBER MUMBAI, &' DATED: 22.03.2013 M.A. NO. 645/MUM./2012 M/S. ORBITECH LTD. (FORMERLY CITICORP OVERSEAS SOFTWARE LTD.) 4 , & / 0 / COPY OF THE ORDER FORWARDED TO : (1) % / THE ASSESSEE; (2) (' / THE REVENUE; (3) ) 1() / THE CIT(A); (4) ) 1 / THE CIT, MUMBAI CITY CONCERNED; (5) 45 6, + 6 , ) * / THE DR, ITAT, MUMBAI; (6) 58 9* / GUARD FILE. ! / TRUE COPY , ) / BY ORDER S.K.SHARMA SR.P.S. / : ( / (DY./ASSTT. REGISTRAR) + 6 , ) * / ITAT, MUMBAI