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2018 (6) TMI 1756 - AT - Income TaxRectification of mistake u/s 254 - determination on the exclusion of M/s. Motilal Oswal Private Equity Advisors Pvt. Ltd. is absent - HELD THAT - We find that the omission to determine the dispute regarding exclusion of M/s. Motilal Oswal Private Equity Advisors Pvt. Ltd. from the final list of comparables is an inadvertent mistake, which has crept into the order of the Tribunal. Therefore, to the said extent the order of Tribunal is recalled qua the Ground of appeal no. 10 relating to exclusion of M/s. Motilal Oswal Private Equity Advisors Pvt. Ltd. from the final list of comparables. Inclusion of M/s. ICRA Online Ltd. and M/s. IDC India Ltd. - After considering the rival stands, we find that assessee has raised a ground relating to the inclusion of M/s. ICRA Online Ltd. and M/s. IDC India Ltd., which have been left out for determination, and the same constitutes a mistake within the meaning of Sec. 254(2) of the Act. Therefore, our order is recalled qua the Ground of appeal no. 2 to the limited extent of considering assessee s plea for inclusion of M/s. ICRA Online Ltd. and M/s. IDC India Ltd. in the final set of comparables. Accordingly, both the parties were informed that the appeal shall be listed before a regular bench for hearing the parties on the aforesaid two aspects and appropriate determination thereof. The date of hearing was announced in the open court as 19.09.2018. Since the date of hearing has been announced in the open court, the requirement of issuance of formal notice of hearing is hereby dispensed with.
Issues:
1. Determination of arm's length price of investment advisory services. 2. Exclusion of certain concerns from the final list of comparables. 3. Inclusion of specific concerns in the final list of comparables. Analysis: Issue 1: Determination of arm's length price of investment advisory services - The Miscellaneous Application was filed by the assessee regarding the Tribunal's order for Assessment Year 2008-09. - The Tribunal inadvertently did not give any finding on the exclusion of M/s. Motilal Oswal Private Equity Advisors Pvt. Ltd. from the final list of comparables, as requested by the assessee. - The Tribunal acknowledged the mistake and recalled its order to address the exclusion of M/s. Motilal Oswal Private Equity Advisors Pvt. Ltd. from the final list of comparables. Issue 2: Exclusion of certain concerns from the final list of comparables - The assessee sought exclusion of M/s. Motilal Oswal Private Equity Advisors Pvt. Ltd., M/s. Motilal Oswal Investment Advisors Pvt. Ltd., and M/s. Berscon Corporate Advisors Pvt. Ltd. as comparables. - While the Tribunal addressed the exclusion of the latter two concerns, it omitted to determine the exclusion of M/s. Motilal Oswal Private Equity Advisors Pvt. Ltd. - The Tribunal recognized the oversight and recalled its order to rectify the exclusion of M/s. Motilal Oswal Private Equity Advisors Pvt. Ltd. from the final list of comparables. Issue 3: Inclusion of specific concerns in the final list of comparables - The assessee requested the inclusion of M/s. ICRA Management Consultancy Services Ltd., M/s. ICRA Online Ltd., and M/s. IDC India Ltd. as comparables. - The Tribunal addressed the inclusion of M/s. ICRA Management Consultancy Services Ltd. but omitted to determine the inclusion of M/s. ICRA Online Ltd. and M/s. IDC India Ltd. - Although the Revenue did not oppose the plea, the Tribunal initially considered the determination of the latter two concerns as academic. However, the Tribunal later acknowledged the mistake and recalled its order to adjudicate on the inclusion of M/s. ICRA Online Ltd. and M/s. IDC India Ltd. in the final set of comparables. In conclusion, the Tribunal rectified the errors in its order related to the exclusion of M/s. Motilal Oswal Private Equity Advisors Pvt. Ltd. and the inclusion of M/s. ICRA Online Ltd. and M/s. IDC India Ltd. as comparables. The appeal was scheduled for a hearing to address these aspects, and the Miscellaneous Application filed by the assessee was allowed to the specified extent.
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