M/s Sami Direct Marketing Private Limited , Bangalore V. Assistant Commissioner of Income Tax Circle-6(1)(1), Bangalore

MA 90/BANG/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6014 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 26-06-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Valuation report
• Section: 250; 90

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, BANGALORE BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER [ M P NO S . 90 AND 91 /B ANG /20 20 (IN ITA NO S . 1191 AND 1192 /B ANG /20 1 8 )] (ASSESSMENT YEAR S : 20 1 3 - 1 4, 2014 - 15 ) M/S. SAMI DIRECT MARKETING PVT. LTD. , NO.30 AND 31, 5 TH CROSS, 5 TH BLOCK, KORAMANGALA, BANGALORE 560034. PAN: AA OCS 4393 P APPLICANT VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 6(1)(1), BENGALURU. RESPONDENT REVENUE BY : SHRI. PRIYADARSHI MISHRA , J CIT (DR)(ITAT), BENGALURU APPLICANT BY : SHRI. V. SRINIVASAN, ADVOCATE DATE OF HEARING : 11 /09/2020 DATE OF PRONOUNCEMENT : 25 /09/2020 O R D E R PER A. K. GARODIA, AM: BOTH THESE MISCELLANEOUS PETITIONS (MP) ARE FILED BY THE ASSESSEE IN WHICH IT IS CONTENDED THAT THERE IS SOME APPARENT MISTAKE IN THE COMBINED TRIBUNAL ORDER PASSED BY THE TRIBUNAL ON 07.02.2020 FOR ASSESSMENT YEARS 2013-14 AND 2014-15. 2. IN THE COURSE OF HEARING, IT WAS SUBMITTED BY LEARNED AR OF THE ASSESSEE THAT IN PARA 1 OF THE MP, THE ASSESSEE HAS NARRATED THE APPARENT MISTAKE IN THIS IMPUGNED COMBINED TRIBUNAL ORDER AND HENCE, FOR READY REFERENCE, WE REPRODUCE PARA 1 OF THESE 2 MPS WHICH ARE IDENTICAL: MP NOS. 90 AND 91/BANG/2020 (IN ITA NOS.1191 AND 1192/BANG/2018) PAGE 2 OF 4 1. THE HON'BLE TRIBUNAL HAS ERRONEOUSLY STATED IN PARA 4 OF THE ORDER THAT THERE WAS NO CLARITY ON SUBMISSION OF VALUATION REPORT REGARDING TRADEMARKS BEFORE THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) ('CIT(A)') AS THERE WAS NO FINDING OF THE LEARNED CIT(A) ON THIS ASPECT. IN THIS CONNECTION, WE WOULD LIKE TO DRAW THE KIND ATTENTION OF THIS HON'BLE BENCH TO PAGE 1\9 135QF THE PAPER BOOK FILED WITH THIS BENCH ON 25 TH JULY 2019 WHICH CONTAINS THE ACKNOWLEDGEMENT OF FILING THE VALUATION REPORT BEFORE CIT(A) ON 17 TH OCTOBER 2017. THE CIT(A) HAD PASSED THE ORDERS U/S 250 ON 22' D DECEMBER 2017 AND 18 TH DECEMBER 2017 FOR AY 2013-14 AND AY 2014-15 RESPECTIVELY. THUS, IT IS CLEAR THAT THE VALUATION REPORT WAS AVAILABLE WITH THE CIT(A) BEFORE THE CASE WAS DISPOSED OFF THOUGH HE CHOSE NOT TO REFER TO IT FOR REASONS UNKNOWN TO US. 2. IN THE COURSE OF HEARING OF THE MPS, IT WAS POINTED OUT BY THE BENCH THAT IN THE INDEX OF THE PAPER BOOK FILED BY THE ASSESSEE IN THE COURSE OF HEARING OF THE APPEAL, THE CERTIFICATE GIVEN BY THE ASSESSEE IS VERY VAGUE AS PER WHICH IT IS STATED BY THE LEARNED AR OF THE ASSESSEE IN THE PAPER BOOK CERTIFICATE THAT THE DOCUMENTS INCLUDED AS ANNEXURE A TO ANNEXURE N I.E., ON PAGES 1 TO 135 OF THE PAPER BOOK ARE TRUE COPIES OF THE DOCUMENTS ON RECORD AND THESE DOCUMENTS WERE AVAILABLE BEFORE THE AO AND / OR THE COMMISSIONER OF INCOME TAX (APPEALS), BANGALORE. THE BENCH POINTED OUT THAT FROM THIS CERTIFICATE, IT IS NOT DISCERNIBLE AS TO WHETHER THE RELEVANT PAGE OF PAPER BOOK I.E., PAGE 135 OF THE PAPER BOOK WAS AVAILABLE BEFORE CIT(A) OR NOT AND IN PARA 4 OF THE IMPUGNED TRIBUNAL ORDER, THIS IS THE FINDING OF THE TRIBUNAL THAT IN THE PAPER BOOK, IT IS NOT CLEAR AS TO WHETHER THE VALUATION REPORT WAS MADE AVAILABLE BEFORE CIT(A) OR NOT AND OBVIOUSLY, IT COULD NOT MP NOS. 90 AND 91/BANG/2020 (IN ITA NOS.1191 AND 1192/BANG/2018) PAGE 3 OF 4 BE MADE AVAILABLE BEFORE AO SINCE THE ASSESSMENT ORDERS ARE MUCH PRIOR TO THE DATE OF VALUATION REPORT BUT THERE IS NO FINDING OF LEARNED CIT(A) ON THIS ASPECT AS TO WHETHER VALUATION REPORT WAS MADE AVAILABLE BEFORE HIM OR NOT. WE HAVE SEEN THAT IN THE PAPER BOOK FILED BEFORE THE TRIBUNAL ALSO, THE CERTIFICATE GIVEN BY LEARNED AR OF THE ASSESSEE IS VERY VAGUE AND FROM THE SAME, IT CANNOT BE CONCLUDED AS TO WHETHER THE SAID VALUATION REPORT WAS MADE AVAILABLE BEFORE CIT(A) OR NOT. IN THE COURSE OF HEARING OF THE MP, THIS WAS ALSO POINTED OUT BY LEARNED AR OF THE ASSESSEE THAT ON PAGE 135 OF THE PAPER BOOK IS ACKNOWLEDGEMENT OF FILING VALUATION REPORT BEFORE CIT(A) WHICH IS DULY RECEIPTED BY THE OFFICE OF CIT(A)-6, BANGALORE ON 17.10.2017 BUT IN THIS REGARD ALSO, WE FIND THAT ALTHOUGH ON PAGE 135 OF THE PAPER BOOK IS THE COPY OF SUBMISSION MADE BY THE LEARNED AR OF THE ASSESSEE BEFORE CIT(A) IN WHICH IT IS STATED THAT FURTHER TO THE DETAILED WRITTEN SUBMISSIONS FILED BY THEM IN CONNECTION WITH THE HEARING OF THE APPEAL ON 06.102.2017, THEY ARE FILING THE VALUATION REPORT OBTAINED BY THE ASSESSEE WHICH SUPPORTS THE VALUE NEGOTIATED BETWEEN THE PARTIES BUT THE COPY OF VALUATION REPORT IS NOT AVAILABLE IN THE PAPER BOOK ALONG WITH THIS SUBMISSION AND WE FIND THAT COPY OF SUCH VALUATION REPORT IS AVAILABLE ON PAGES 131 TO 133 OF THE PAPER BOOK AND ON THESE PAGES, THERE IS NO RECEIPT BY THE OFFICE OF LEARNED CIT(A)-6, BENGALURU AND THEREFORE, WE FIND NO APPARENT MISTAKE IN THIS MP NOS. 90 AND 91/BANG/2020 (IN ITA NOS.1191 AND 1192/BANG/2018) PAGE 4 OF 4 FINDING OF THE TRIBUNAL IN PARA 4 OF THE IMPUGNED TRIBUNAL ORDER THAT IN THE PAPER BOOK FILED BY THE ASSESSEE IN THE COURSE OF HEARING OF THE APPEAL, THIS IS NOT MADE IT CLEAR AS TO WHETHER THE VALUATION REPORT WAS MADE AVAILABLE BEFORE THE CIT(A) OR NOT AND OBVIOUSLY IT COULD NOT BE MADE AVAILABLE BEFORE THE AO SINCE THE ASSESSMENT ORDERS ARE MUCH PRIOR TO DATE OF VALUATION REPORT BUT THERE IS NO FINDING OF LEARNED CIT(A) ON THIS ASPECT AS TO WHETHER VALUATION REPORT WAS MADE AVAILABLE BEFORE HIM OR NOT. UNDER THESE FACTS, WE HOLD THAT THERE IS NO APPARENT MISTAKE IN THE IMPUGNED TRIBUNAL ORDER. 3. IN THE RESULT, BOTH THE MPS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- ( BEENA PILLAI ) JUDICIAL MEMBER (A. K. GARODIA) ACCOUNTANT MEMBER PLACE : BANGALORE DATED : 25/09/2020 /NS/* COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A)-II BANGALORE 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL BANGALORE