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Income Tax Appellate Tribunal, “K”, BENCH
CORRIGENDUM O R D E R In the order passed by this Tribunal in 23/01/2019 in para-3, page-2, it was mentioned as under:- “During the year under consideration, the assessee made stump sale pursuant to business transfer agreement entered into between Vodafone India Services Pvt. Ltd. and the assessee and entire business of the assessee was transferred as going concern to Vodafone India Services Pvt. Ltd. from December, 2007. IT enabled service business of the assessee was carried out up to 4.12.2007 and thereafter the same was transferred to Vodafone India Services Pvt. Ltd. as a going concern which in turn carried out the same business for the remaining period of financial year..." We find that this is factually incorrect and the correct version of the facts are as under:- "During the year under consideration, Vodafone India Services Pvt. Ltd. made slump sale pursuant to business transfer agreement entered into between Vodafone India Services Pvt. Ltd. and the assessee and entire business of Vodafone India Services Pvt Ltd, was transferred as going concern to assessee from December, 2007. IT enabled service business of Vodafone India Services Pvt. Ltd, was carried out up to 4.12.2007 and thereafter the same was transferred to the assessee as a going concern M/s. Hutchison Global Services P. Ltd., which in turn carried out the same business for the remaining period of financial year...."
We find in para 11 page 5 of the order passed by this Tribunal, it was mentioned as under:- "We find that the very same business carried out by the assessee up to 4.12.2007 was carried out by Vodafone India Services Pvt. Ltd. for the remaining part of the financial year...' 2.1. The correct version of the said para should be as under:- "We find that the very same business carried out by Vodafone India Services Pvt. Ltd, up to 4.12.2007 was carried out by the assessee for the remaining part of the financial year.... "
In paragraph 8 at page 4 of the order passed by this Tribunal it has been mentioned with regard to exclusion of two comparables for benchmarking the international transactions as under:- "8. Aggrieved by this order, we find that the assessee preferred an appeal before this Tribunal and the Tribunal further directed to exclude following two comparables vide its order in dated 10.12.2014: Mold-Tek Technologies Ltd Cosmic Global Ltd"
The correction version of the said paragraph should be read as under:- "8. Aggrieved by this order, we find that the assessee preferred an appeal before this Tribunal and the Tribunal further directed to exclude following two comparables vide its order in ITA No. 7514/Mum/2013 dated 10,12.2014: Accentia Technologies Ltd (Seg) Cosmic Global ltd"
We find that the aforesaid errors pointed out by the assessee in its miscellaneous application are correct and does not require any hearing to M/s. Hutchison Global Services P. Ltd., be granted to both the parties as the errors are apparent on the face of record which could be done by way of corrigendum and accordingly, this corrigendum is issued. This correct version of the relevant paragraphs may be read alongwith order dated 23/01/2019 and all other parts of the said order other than aforementioned paragraphs shall remain unchanged.