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2017 (11) TMI 1959 - AT - Income TaxRectification of mistake - HELD THAT - As per the earlier tribunal order 2016 (4) TMI 1221 - ITAT BANGALORE Ground Nos. 14 15 were decided and rejected as per Para No. 18 of that tribunal order and in the M. P. order the order was not recalled for fresh decision in respect of Ground Nos. 14 15. In view of these facts, there is no merit in this contention that Ground No. 14 15 are also to be decided afresh. Therefore, there is no mistake in the tribunal order that the Ground No. 16 is general and it does not require any specific adjudication and this ground was rejected on this basis. The M. P. filed by the assessee is liable to be dismissed as we find no mistake in the tribunal order.
Issues: Alleged apparent mistakes in tribunal order, Ground No. 16 being considered general and not requiring specific adjudication, dispute over T.P. Adjustment, allowability of deduction u/s 10A for Recruitment Fees, allowability of deduction u/s 10A for interest income and misc. income.
In this judgment by the Appellate Tribunal ITAT BANGALORE, the assessee filed a Miscellaneous Petition (M. P.) alleging apparent mistakes in the tribunal order dated 03.03.2017. The M. P. highlighted that Ground No. 16, related to the claim for deduction u/s 10A for "Recruitment Fee Income," was considered general by the tribunal, which the assessee contested. The assessee argued that Ground No. 16 was not general but specific, as it pertained to issues covered by the tribunal order for A. Y. 2007-08, which were similar to the present appeal. The Revenue contended that there was no mistake in the tribunal order (para 2). During the hearing, the learned AR of the assessee emphasized that although Ground No. 16 did not specifically mention the claim for deduction u/s 10A for Recruitment Fees, it referred to issues covered by the tribunal order for A. Y. 2007-08, making it non-general. The Revenue's DR maintained that there was no apparent mistake in the tribunal order (para 3). The tribunal analyzed Ground No. 16, which questioned the CIT (A)'s failure to follow the tribunal's decision for A. Y. 2007-08, arguing that the issues and facts were similar to the present appeal. The tribunal noted that the dispute primarily revolved around Transfer Pricing (T. P.) Adjustment, deduction u/s 10A for Recruitment Fees, and other related deductions. Ground Nos. 14 & 15 regarding Recruitment Fees had been previously decided and rejected, with no basis for reconsideration. Consequently, the tribunal found no error in its decision that Ground No. 16 was general and did not require specific adjudication. The M. P. was dismissed as no mistake was identified in the tribunal order (para 4-5). Ultimately, the tribunal dismissed the assessee's M. P., upholding the original tribunal order and finding no grounds for reconsideration. The judgment was pronounced in open court, concluding the legal proceedings (para 6).
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