CA (India) Technologies Pvt. Ltd. v. ACIT –10(1)
[Citation -2016-LL-1007-110]

Citation 2016-LL-1007-110
Appellant Name CA (India) Technologies Pvt. Ltd.
Respondent Name ACIT –10(1)
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 07/10/2016
Assessment Year 2006-07
Judgment View Judgment
Bot Summary: PAN: AAACC 4971 D Appellant by :Shri Dhanesh Bafna Respondent by :Shri Radha Katyal Narang Date of Hearing :07-10 -2016 Date of Pronouncement : 07-10 -2016 ,1961 254(1) Order u/s.254(1)of the Income-tax Act,1961(Act) Per Rajendra, A.M. Vide its application,dated 03.05.2016,the assessee-company has stated that there were some mistakes in the order of the Tribunal,that same were to be rectified as per provisions of section 254(2) of the Act,that there was typographical error in the assessment year mentioned at page-2 and 14 of the order, the Tribunal did not adjudicate Ground No.7,raised by the assessee. 2.During the course of hearing before us, the Authorised Representative reiterated the above arguments and further stated that the Tribunal had disallowed the claim to spread the royalty for a period of three years, that it had directed that payment should be considered for one year only,that the alternate ground(GOA-7) was not adjudicated by the Tribunal. 3.We find that the assessment year at page 2 and 14 has been wrongly typed and same should be read as under:- ITA No.8218/Mum/2010(Assessment Year : 2006-07). We find that Ground No.7 raised by the assessee has remained un-adjudicated. Registry is directed to fix the case for the limited purpose i.e. to decide the Ground No.7. MA/98/M2016-CA(India)TPL As a result the Miscellaneous Application filed by the assessee stands allowed. Order pronounced in the open court on 07th October, 2016. 10.2016 Copy of the Order forwarded to : 1.


In Income-tax Appellate Tribunal - K Bench Mumbai Before S/Sh.Rajendra,Accountant Member and C.N. Prasad,Judicial Member (M.A. No. 98/Mum/2016-Arising out of ITA/ 8218/Mum/2010-Assessment Year :2006-07 CA (India) Technologies Pvt. Ltd. Vs ACIT 10(1) Ground Floor, Vibgyor Tower Aayakar Bhavan,Mumbai. Plot-C-62, G-Block,BKC Bandra (E)Mumbai-400 051. PAN: AAACC 4971 D (Appellant) ( Respondent) Appellant by :Shri Dhanesh Bafna Respondent by :Shri Radha Katyal Narang Date of Hearing :07-10 -2016 Date of Pronouncement : 07-10 -2016 ,1961 254(1) Order u/s.254(1)of Income-tax Act,1961(Act) Per Rajendra, A.M. Vide its application,dated 03.05.2016,the assessee-company has stated that there were some mistakes in order of Tribunal,that same were to be rectified as per provisions of section 254(2) of Act,that there was typographical error in assessment year mentioned at page-2 and 14 of order, Tribunal did not adjudicate Ground No.7,raised by assessee . 2.During course of hearing before us, Authorised Representative (AR) reiterated above arguments and further stated that Tribunal had disallowed claim to spread royalty for period of three years, that it had directed that payment should be considered for one year only,that alternate ground(GOA-7) was not adjudicated by Tribunal. ld. Departmental Representative (DR) left issue to discretion of Bench. 3.We find that assessment year at page 2 and 14 has been wrongly typed and same should be read as under:- ITA No.8218/Mum/2010(Assessment Year : 2006-07). We find that Ground No.7 raised by assessee (Alternate Ground without prejudice) has remained un-adjudicated.Therefore, we recall our order to that extent. Registry is directed to fix case for limited purpose i.e. to decide Ground No.7. MA/98/M2016-CA(India)TPL As result Miscellaneous Application filed by assessee stands allowed. Order pronounced in open court on 07th October, 2016. 07.10.2016 Sd/-d/- Sd/-d Sd/- (C.N. Prasad) Rajendra) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Date:07.10.2016 Copy of Order forwarded to : 1. Assessee 2. Respondent 3.The concerned CIT(A)/ 4.The concerned CIT 5. DR K Bench, ITAT, Mumbai. 6. Guard File/ //True Copy// BY ORDER, Dy./Asst. Registrar ITAT, Mumbai. 2 CA (India) Technologies Pvt. Ltd. v. ACIT 10(1)
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