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Income Tax Appellate Tribunal - Bangalore

M/S. Onmobile Global Limited, ... vs Deputy Commissioner Of Income Tax, ... on 31 March, 2023

             IN THE INCOME TAX APPELLATE TRIBUNAL
                      "B" BENCH : BANGALORE

      BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER
                          AND
         Ms. PADMAVATHY S, ACCOUNTANT MEMBER

                                MP No.58/Bang/2023
                          [in IT(TP)A No.2560/Bang/2019
                             Assessment year : 2015-16

Onmobile Global Ltd.,                  Vs. The Asstt./Deputy
Tower # 1, 94/1C & 94/2,                   Commissioner of Income Tax,
Veerasandra Village, Attibele Hobli,       Circle 5(1)(2),
Anekal Taluk, Electronics City,            Bengaluru.
Phase 1, Bengaluru - 560 100.
PAN: AAACO 3900E
           APPLICANT                              RESPONDENT

  Applicant by     : Smt. Manasa Ananthan, Advocate
  Respondent by    : Shri Gudimella VP Pavan Kumar, Jt. (DR)(ITAT),
                     Bengaluru.

               Date of hearing       : 31.03.2023
               Date of Pronouncement : 31.03.2023

                               ORDER

  Per Padmavathy S., Accountant Member

This miscellaneous petition is filed by the assessee seeking certain rectification of the common order of the Tribunal dated 10.08.2022 in IT(TP)A No. 2560/Bang/2019 for the assessment year 2015-16.

2. The ld. AR submitted that common order of the Tribunal dated 10.08.2022 was passed in assessee's case for AYs 2014-15 & 2015-

16. However, while the ground regarding deduction of unclaimed foreign tax credit was adjudicated for AY 2014-15, however an identical ground raised by the assessee for AY 2015-16 by way of additional ground remained unadjudicated, which is a mistake apparent on record. He therefore submitted that the same may be adjudicated.

3. We have heard both the parties and perused the material on record. We find that the ground raised with regard to deduction of unclaimed foreign tax credit was inadvertently not adjudicated for AY 2015-16 and hence the same is now taken up for adjudication.

Deduction in respect of unclaimed Foreign Tax Credit (FTC) for AY 2015-16

4. We have decided similar issue for AY 2014-15 in paras 45 to 49 of the order dated 10.8.2022 remitting the issue to the AO for fresh decision. Accordingly, this issue for AY 2015-16 is also remitted to the AO with similar directions.

5. In the result, the miscellaneous petition is allowed.

Pronounced in the open court on this 31st day of March, 2023.

                Sd/-                                     Sd/-

         ( GEORGE GEORGE K. )                  ( PADMAVATHY S. )
           JUDICIAL MEMBER                    ACCOUNTANT MEMBER
Bangalore,
Dated, the 31st March, 2023.
/Desai S Murthy /
                                                    MP No.58/Bang/2023
                          Page 3 of 3




Copy to:

1. Applicant    2. Respondent      3. CIT      4. CIT(A)
5. DR, ITAT, Bangalore.

                                        By order



                                  Assistant Registrar
                                   ITAT, Bangalore.