M/s. Nuance Transcription Services India Private Limited, Bangalore V. Deputy Commissioner of Income Tax, Circle-5(1)(1), Bangalore

MA 73/BANG/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6405 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-04-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 19-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R RAMESH J
• Assessee Lawyers: VISHAL KALM

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, B ENGALURU BEFORE S HRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER MISC.PETN.NO.73/BANG/2018 (IN I T (TP) A NO. 307 / BANG/2 0 1 6 ) (ASSESSMENT YEAR: 20 11 - 12 ) M/S. NUAN CE TRANSCRIPTION SERVICES INDIA PVT. LTD. I FLOOR, BLOCK B, SALARPURIA AURA, KHATA NO.434/170 MARATHAHALLI - SARJAPUR OUTER RING ROAD, KAVERAPPA LAYOUT, KADUBEESANAHALLI, BENGALURU - 560103. PAN: AAACF 3465 F VS. PETITIONER DEPUTY COMMISSIO NER OF INCOME - TAX, CIRCLE 5(1)(1), BENGALURU. RESPONDENT PETITIONER BY : SHRI VISHAL KALM, ADVOCATE. RESPONDENT BY : SHRI B.R.RAMESH, JCIT(DR) DATE OF HEARING : 13 /0 4 /201 8 DATE OF PRONOUNCEMENT : 20 / 04 /201 8 O R D E R PER I NTURI RA MA RAO, AM : THIS MISC. PETN. IS FILED BY THE ASSESSEE SEEKING MODIFICATION OF THE TRIBUNAL ORDER DATED 28/11/2017 IN IT(TP)A NO.307/BANG/2016. IT WAS SUBMITTED THAT WHILE ADJUDICATING GROUND NOS.5 & 6, VIDE PARA.12 OF THE ORDER, IT WAS OBSERVED BY THIS TRIBUNAL THAT THIS GROUND OF APPEAL WAS NOT RAISED BEFORE THE LOWER AUTHORITIES. IT IS SUBMITTED THAT THIS OBSERVATION IS CONTRARY TO MATERIAL ON RECORD AND INVITED OUR ATTENTION TO GROUND OF OBJECTION NO.7 RAISED BEFORE THE HON'BLE DRP WHEREIN APPLICABIL ITY OF LIBOR WAS CONTESTED WHICH WAS SUMMARILY DISMISSED BY THE HON'BLE DRP AT PAGE 7 OF THE HON'BLE DRP S ORDER. IN THE CIRCUMSTANCES, IT IS PRAYED THAT PARA.12 OF THE ORDER MAY BE RECALLED AND MAY ADJUDICATED AFRESH AS IT IS CONTRARY TO MATERIAL ON RECO RD. MP NO . 73 / BANG/201 8 PAGE 2 OF 2 2. WE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. W E FIND THAT THE FINDINGS OF THE TRIBUNAL VIDE PARA.12 ARE CONTRARY TO MATERIAL ON RECORD. ACCORDINGLY, WE RECALL THE IMPUGNED TRIBUNAL ORDER FOR THE LIMITED PURPOSE OF ADJUDICA TING GROUNDS NO.5 AND 6. THE REGISTRY IS DIRECTED TO POST THE APPEAL FOR HEARING IN THE REGULAR COURSE . 3. IN THE RESULT, THE MISC. PETITION FILED BY THE ASSESSEE IS ALLOWED. O RDER PRONOUNCED IN THE OPEN COURT ON 20 TH APRIL , 2018 SD/ - SD/ - ( SUNIL KUMAR YADAV ) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BENGALURU. D A T E D : 20 / 0 4 /201 8 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FI LE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL BANGALORE