Income Tax Appellate Tribunal - Bangalore
M/S Global E-Business Operations P Ltd, ... vs Deputy Commissioner Of Income Tax, ... on 13 October, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
'A' BENCH, BANGALORE
BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER
AND
SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER
[MP No. 78/B/2017
(in IT(TP)A No.1092/B/2011)]
(Assessment year: 2007-08)
M/s. Global E:Business Operations Private
Limited, ... Applicant
Survey No.1, 6 and 24, Kundalahalli Village,
K. R. Puram, Hobli,
Bengaluru-560056.
PAN: AABCG2843D
Vs.
Deputy Commissioner of Income-tax,
Circle - 11(3,
Bengaluru.
... Respondent
Applicant by : Shri. Sharath Rao, CA
Revenue by : Shri. B. R. Ramesh, JCIT
Date of hearing : 06/10/2017
Date of pronouncement : 13/10/2017
O R D E R
Per Sunil Kumar Yadav, JM :
This miscellaneous application is preferred on behalf of the assessee with the submission that while adjudicating the issue of exclusion of comparables i.e., Accurate Data Converters Pvt. Ltd., the Tribunal has not taken into consideration the complete details of this comparable and has restored the matter to the AO/TPO to re-examine the exclusion of this comparable after collecting relevant information and also after affording adequate opportunity of being heard to the MP No. 78/B/2017 (in IT(TP)A No.1092/B/2011) Page 2 of 4 assessee, whereas the detailed information was available on record. Non consideration of information available on record amounts to an error in the order of the Tribunal. Therefore, necessary rectification in the order of the Tribunal is called for.
2. The learned counsel for the assessee further contended that the TPO has annexed with his order an Annexure-E in which the employees cost filter with regard to the Accurate Data Converters Pvt. Ltd., was shown to be zero and on this score only this comparable can be excluded from the list of comparables. Instead of directing the exclusion of this comparable, the Tribunal has restored the matter to the AO/TPO to readjudicate the issues of exclusion. The learned counsel for the assessee further contended that since an error has crept in the order of the Tribunal, the same may be rectified by directing the TPO to exclude this comparable from the list of comparables.
3. The learned DR on the other hand has submitted that in the Annexure-E of the TPO's order, it has been categorically mentioned by the TPO that the annual report and other information of this comparable was not available. Moreover, the annual report and was also not filed during the course of hearing of the appeal. In the absence of complete details, the Tribunal has rightly restored the matter to the AO/TPO for readjudication of the issue of comparable.
4. Having carefully examined the orders of the Tribunal vis-à-vis the miscellaneous application, we find that while adjudicating the issue of exclusion of Accurate Data Converters Pvt. Ltd., the Tribunal has examined the other orders of the Tribunal in the case of Magma Design Automation India Pvt. Ltd., and MP No. 78/B/2017 (in IT(TP)A No.1092/B/2011) Page 3 of 4 AOL Online India Pvt. Ltd. In the absence of data, the Tribunal has restored the matter to the AO/TPO for readjudication of the issue of exclusion after obtaining the details and also after affording an opportunity of being heard to the assessee. We have also examined the TPO's order and Annexure-E and we find that in Annexure-E, the TPO has categorically observed that the annual report and the information of this comparable was not available. He however mentioned the employees cost to sales at zero percentage. But it is not clear from where he got these details. He himself has mentioned in the chart that the annual report and the information is not available. Moreover, the annual report of Accurate Data Converters Pvt. Ltd., was not filed during the course of hearing of the appeal. In the absence of complete details, the Tribunal has restored the matter to the AO/TPO to readjudicate the issue of exclusion of this comparable. Under the given facts, we find that Tribunal has not decided the issue on either side. It was simply restored to the AO/TPO for readjudication of the issue. Therefore, we find no merit in the miscellaneous application of the assessee and accordingly we dismiss the same.
3. In the result, the miscellaneous application of the assessee is dismissed.
Order pronounced in the open court on 11th October, 2017.
Sd/- Sd/-
(INTURI RAMA RAO) (SUNIL KUMAR YADAV)
Accountant Member Judicial Member
Place : Bangalore
Dated : 13/10/2017
/NShylu/*
MP No. 78/B/2017
(in IT(TP)A No.1092/B/2011)
Page 4 of 4
Copy to :
1 Appellant 2 Respondent
3 CIT(A)-II Bangalore 4 CIT
5 DR, ITAT, Bangalore. 6 Guard file
By order
Sr. Private Secretary,
ITAT, Bangalore.