M/s Kodiak Networks I P Ltd, Bangalore V. Deputy Commissioner of Income tax, Bangalore

MA 87/BANG/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3547 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-10-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 06-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B K PANDA
• Assessee Lawyers: NAGINCHAND KHINCHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI VIJAY PAL RAO , JUDICIAL MEMBER A ND SHRI JASON P BOAZ , ACCOUNTANT MEMBER M P NO. 87 /BANG/2015 (IN IT (TP) A NO. 1540 /BANG/201 2 ) (ASSESSMENT YEAR: 2008 - 09 ) M/S.KODIAK NETWORKS (I) P LT D. NO.401, 4 TH FLOOR, PRESTIGE SIGMA 3, VITTAL MALLYA ROAD, BANGALORE - 560001. PETITIONER PAN AAACK0978J VS. DEPUTY COMMISSIONER OF INCOME - TAX, CIRCLE 11(5), BANGALORE. RESPONDENT PETITIONER BY: SHRI NAGINCHAND KHINCHA, CA. RESPONDENT BY: SHRI B.K.PANDA, CIT(DR). DATE OF HEARING : 09 / 1 0/2015. DATE OF PRONOUNCEMENT: 28 / 1 0/2015. O R D E R PER VIJAY PAL RAO, JM : BY WAY OF THIS MP, THE ASSESSEE HAS POINTED OUT THAT THERE IS A TYPOGRAPHICAL MISTAKE IN THE ORDER DAT ED 5/5/2015 OF THIS TRIBUNAL WHEREBY THE APPEAL OF THE ASSESSEE WAS DISPOSED OF. 2. WE HAVE HEARD THE LEARNED AR OF THE ASSESSEE AS WELL AS THE LEARNED DEPARTMENTAL REPRESENTATIVE AND CONSIDERED THE RELEVANT MATERIAL ON RECORD. WHILE DECIDING THE CO MPARABILITY OF 9 COMPANIES WHICH ARE LISTED UNDER PARA.28 OF THE IMPUGNED ORDER OF THE TRIBUNAL, THERE IS A MISTAKE WHILE RECORDING THE NAME OF ACROPETAL TECHNOLOGIES LTD . UNDER PARA.55 OF THE IMPUGNED M P NO . 87 /BANG/201 5 M/S.KODIAK NETWORKS (I) PVT.LTD. P AGE 2 OF 2 ORDER AND INSTEAD IT WAS WRITTEN AS ACCENTIA TECHNO LOGIES LTD . . WE FURTHER NOTE THAT THE ISSUE OF COMPARABILITY OF ACCENTIA TECHNOLOGIES LTD. WAS SEPARATELY CONSIDERED AND DECIDED UNDER PARA.29 OF THE IMPUGNED ORDER AND THEREFORE THERE IS AN APPARENT TYPOGRAPHICAL MISTAKE UNDER PARA.55 OF THE IMPUGNED O RDER WHEREIN THE NAME OF ACROPETAL TECHNOLOGIES LTD. HAS BEEN WRITTEN AS ACCENTIA TECHNOLOGIES LTD. . THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NOT DISPUTED THIS MISTAKE CREPT IN THE ORDER DUE TO TYPING ERROR OF THE NAME OF THE COMPARABLE COMPANY. A CCORDINGLY, THE NAME APPEARING AT PAGE OF THE IMPUGNED ORDER AS ACCENTIA TECHNOLOGIES LTD.(SEG.) BE R EAD AS ACROPETAL TECHNOLOGIES LTD . THE IMPUGNED ORDER IS ACCORDINGLY MODIFIED. 3. IN THE RESULT, THE MP IS ALLOWED. PRON OUNCED IN THE OPEN COURT ON 28 TH OCTO BER , 201 5 . S D/ - S D/ - ( JASON P BOAZ ) ( VIJAY PAL RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER E KSRINIVASULU ,SPS CO COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE T RIBUNAL BANGALORE