Assistant Commissioner of Income Tax, Circle 7(1)(2), Bangalore V. Verisign Services India Private Limited, Bangalore

MA 7/BANG/2020

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2377 (ITAT-BANGALORE)
• Duration Of Justice: 7 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 07-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES B BENCH: BANGALORE BEFORE SHRI A.K. GARODIA , ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER M.P.NO.7/BANG/2020 (IN IT (TP) A NO. 260 /BANG/201 6) (ASSESSMENT YEAR: 201 1 - 12 ) ASST. COMMISSIONER OF INCOME TAX, CIRCLE 7(1)(2), BANGALORE. .PETITIONER VS. M/S. VERISIGN SERVICES INDIA PVT. LTD., THE SUMMIT, 6/B, 3 RD BLOCK, 80 FEET ROAD, KORAMANGALA INDL. LAYOUT, BANGA LORE - 560 029. RESPONDENT. PAN AAACL 8712F M.P.NO.12/BANG/2020 (IN IT (TP) A NO. 374 /BANG/201 6) (ASSESSMENT YEAR: 201 1 - 12 ) (BY ASSESSEE) ASSESSEE BY: SHRI SUMEET KHURANA, C.A. REVENUE BY: SHRI MUZAFFAR HUSSAIN, CIT (D.R) DATE OF HEARING : 13.03 .20 20 DATE OF PRONOUNCEMENT : 17 .03 .20 20 O R D E R PER SHRI PAVAN KUMAR GADALE, JM : THE SE ARE THE MISC. PETITIONS FILED BY THE REVENUE AND ASSESSEE IN IT(TP)A NOS.26 & 374/BAN G/2016 DT.3.5.2019 . 2 M.P. NOS.7 & 12/BANG/2020 2. FIRST WE SHALL TAKE UP REVENUES MISC . P ETITION MP7/BANG/2020 . THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE TRIBUNAL HAS REMANDED THE MATTER TO THE FILE OF DISPUTE RESOLUTION PANEL (DRP) BUT A S PER THE ITA T RULES,1963 PRESCRIBES THAT W HERE TH E TRIBUNAL IS OF THE OPINION THAT THE CASE SHOULD BE REMANDED, IT MAY REMAND IT TO THE AUTHORITY FROM WHOSE ORDER , THE APPEAL HAS BEEN PREFERRED OR TO THE INCOME TAX OFFICER, WITH SUCH DIRECTIONS AS THE T RI BUNAL MAY THINK FIT AND EMPHASIZED THAT THE HONBLE T RIBUNAL CAN SET ASIDE THE MATTER O NLY TO THE ASSESSING OFFICER. WHEREAS THE LEARNED AUTHORIZED REPRESENTAT IVE SUBMITTED THAT THERE IS NO APPARENT MISTAKE IN THE ORDER OF TRIBUNAL AND RELIED ON THE CO - ORDINATE BENCH DECISION OF TRIBUNAL IN ITO VS. WEG INDUSTRIES (INDIA) PVT. LTD. M.P. NO.52/BANG/2 019D T.28.08.2019. WE FOUND SIMILAR CONTENTIONS WERE RAISED BY REVENUE IN ITO VS. W EG INDUSTRIES (INDIA) PVT. LTD (SUPRA) AND THE CO ORDINATE BENCH OF TRIBUNAL HAS REJECTED THE ARGUMENTS OF REVENUE AND HELD IN PARA 6 WHICH IS READ AS UNDER : 3 M.P. NOS.7 & 12/BANG/2020 3. W E HEA R D THE RIVAL SUBMISSIONS AND FOLLOW THE JUDICIAL PRECEDENCE, AND FOUND THAT THERE IS NO MISTAKE IN THE TRIBUNAL ORDER AS THE TRIBUNAL HAS RESTORED THE MATTER TO THE FILE OF DRP AND NOT TO THE A.O. HENCE, THE MISC.PETITION FILED BY THE REVENUE IS DISMISSED. 4. THE ASSESSEE HAS FILED M.P. NO.12/BANG/2020.THE LD. AR SUBMITTED THAT THE ORDER OF HONBLE T RIBUNAL BE RECALLED AS THE CORPORATE GROUNDS RAISED BY THE ASSESSEE WERE N OT ADJUDICATED BY THE TRIBUNAL AND PRAYED FOR AN OPPORTUNITY TO MAKE SUBMISSIONS ON THE GROUNDS OF APPEAL NOS.15, 16 & 17 IN IT(T P)A NO.260/BANG/2016 AND THE LD DR SUPPORTED THE ORDER OF TRIBUNAL. 5. WE H EARD THE RIVAL SUBMISSIONS, ON PERUSAL OF GROUNDS OF APPEAL NOS.15, 16 & 17 RAISED BY THE ASSESSEE; WE FOUND THAT THERE ARE NO OBSERVATIONS OR ADJUD ICATION OF THE GROUNDS IN THE TRIBUNA L ORDER. T HE ASSESSEE S GROUNDS OF APPEAL ARE READ AS UNDER: 4 M.P. NOS.7 & 12/BANG/2020 ACCORDINGLY, WE RECALL THE ORDER OF THE TRIBUNAL FOR LIMITED PU R POSE, FOR ADJUDICATION OF T H E S E T H R E E GROUNDS OF APPEAL AND DIRECT THE REGISTRY TO POST THE APP EAL FOR HEARING ON 13.04.2020. SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT BEFORE BOTH THE PARTIES, NO NOTICE IS T O B E ISSUED AND W E ALLOW THE M ISC. P ET ITION OF THE ASSESSEE . 6. IN THE RESULT, THE REVENUES M ISC. P ETITION IS DISMISSED AND ASSESSEE'S M ISC. P ETITION IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. S D / - S D / - ( A.K. GARODIA ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 1 7 .03 . 20 20 . *REDDY GP 5 M.P. NOS.7 & 12/BANG/2020 COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (APPEALS) 4. PRIN. CIT 5. DR, ITAT 6. GUARD FILE. BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE