Income Tax Appellate Tribunal - Mumbai
Ness Technology (I) P.Ltd, Mumbai vs Dcit Cc 6(1), Mumbai on 29 December, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH "K", MUMBAI
BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND
SHRI RAVISH SOOD, JUDICIAL MEMBER
MA NO. 45/MUM/2017 : (A.Y : 2011-12)
(Arising out of ITA NO. 1006/Mum/2016)
M/s. Ness Technologies (India) Vs. DCIT, Central Circle-6(1),
Private Limited, Mumbai (Respondent)
Unit 501, Interface, New Link Road,
Malad (W), Mumbai 400 064.
PAN : AAACA9649L (Applicant)
Applicant by : Shri M.P. Lohia
Respondent by : Shri Saurabh G. Deshpande
Date of Hearing : 29/12/2017
Date of Pronouncement : 29/12/2017
ORDER
PER G.S. PANNU, AM :
The captioned Miscellaneous Application has been moved by the assessee u/s 254(2) of the Income Tax Act, 1961 seeking rectification of an error apparent on record in order dated 11.11.2016 passed by the Tribunal in assessee's appeal bearing ITA No. 1006/Mum/2016.
2. At the time of hearing, the learned representative for the assessee contended that an error has crept in the order passed by the Tribunal and drew our attention to para 9 to 9.4 of the Tribunal's order wherein the 2 MA No. 45/Mum/2017 M/s. Ness Technologies (India) Pvt. Ltd.
comparability of Infosys Ltd. has been discussed. It was further contended that while concluding the said comparability, in para 9.5 of the order inadvertently it is stated that "E-Infochips Limited" be excluded as a comparable instead of "Infosys Limited". The learned representative prayed that it was an error apparent on the record and prayed that the Tribunal may pass an order rectifying the said mistake.
3. The ld. DR appearing for the Revenue did not raise any objection to the plea of the assessee.
4. We have perused para 9 to 9.5 of our order dated 11.11.2016 and find the contention of the assessee to be correct and accordingly, direct that "Infosys Limited" be read in the place of "E-Infochips Limited" in para 9.5 of our order.
5. In the result, the Miscellaneous application of the assessee is allowed.
The above decision was pronounced in the open court in the presence of both the parties at the conclusion of the hearing on 29th December, 2017.
Sd/- Sd/-
(RAVISH SOOD) (G.S. PANNU)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Mumbai, Date : 29th December, 2017
3 MA No. 45/Mum/2017
M/s. Ness Technologies (India) Pvt. Ltd.
Copy to :
1) The Appellant
2) The Respondent
3) The CIT(A) concerned
4) The CIT concerned
5) The D.R, "K" Bench, Mumbai
6) Guard file
By Order
Dy./Asstt. Registrar
I.T.A.T, Mumbai