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2012 (10) TMI 321 - AT - Income TaxApplication for rectification of order - mistakes apparent from record u/s 254 - existence of permanent establishment (PE) - segregation of consideration of equipment and software - held that - The assessee may or may not have grievance with this decision, but the decision cannot be said to be suffering from any mistake apparent from the record. Thus there is no reason to rectify this part of the order. Tribunal has decided the matter in the way it thought proper, looking to the fact that the computation of income itself restored to the file of the AO. - There is no mistake in this part of the order also.
Issues:
1. Rectification of mistakes apparent from the record in the Tribunal's order. 2. Existence of Permanent Establishment (PE) in India based on equipment handling. 3. Segregation of consideration in absence of evidence. 4. Taxability of profit from installation contracts in different locations. 5. Restoration of interest chargeability decision to the Assessing Officer (AO). Issue 1: Rectification of Mistakes Apparent from the Record The Tribunal's order was challenged by the assessee through a miscellaneous application citing mistakes in the order. The first alleged mistake concerned the creation of a Permanent Establishment (PE) in India due to equipment handling responsibilities. The assessee argued that lack of storage space in India negated the existence of a PE. However, the Tribunal upheld its decision, emphasizing the assessee's responsibility for equipment supervision and the need for storage space. The Tribunal concluded that no rectification was necessary in this regard. Issue 2: Existence of Permanent Establishment (PE) The second alleged mistake related to the segregation of consideration in the absence of evidence, with a reference to a distinction made from a previous case. The Tribunal clarified that the failure to provide documentation regarding customs duty payment led to the acceptance of segregated amounts. The Tribunal found no error in this part of the order, maintaining the decision based on the facts presented. Issue 3: Taxability of Profit from Installation Contracts Regarding the taxability of profit from installation contracts in different locations, a mistake was claimed in the assessment of profit accrual based on the timing of equipment handover. The Tribunal confirmed the correctness of the conclusion regarding the taxable profit from installation contracts in Mumbai for the relevant year, dismissing the application on this issue. Issue 4: Restoration of Interest Chargeability Decision A mistake was raised concerning the restoration of the decision on interest chargeability to the Assessing Officer (AO) instead of a direct decision by the Tribunal. The Tribunal defended its decision to restore the matter to the AO, indicating no apparent mistake in this part of the order. The Tribunal's discretion in handling the matter was upheld based on the circumstances of the case. In conclusion, the Tribunal dismissed the application for rectification of mistakes apparent from the record, affirming its original order on the issues raised by the assessee. The detailed analysis of each issue highlighted the Tribunal's reasoning and decisions, emphasizing the importance of factual evidence and legal interpretations in tax matters.
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