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2017 (12) TMI 1855 - AT - Income TaxRectification of the mistake - DR has submitted that the ground no.7 of the Revenue appeal has not been adjudicated by the Tribunal - Whether DRP erred in directing to exclude E-Infochips Ltd., from the list of comparables holding that no segmental information is available and that it fails 75% service revenue filter? - HELD THAT - AR has not rebutted the submissions of DR regarding non-adjudication of this ground and has fairly conceded that the Tribunal may recall the order for the limited purpose of adjudicating ground no.7 of the Revenue s appeal. Tribunal has committed mistake apparent from the record as the Tribunal has not adjudicated the ground number 7, therefore we deem it appropriate to recall the decision for the limited purpose of adjudicating ground 7 of the Revenue s appeal. Miscellaneous petition filed by the Revenue is allowed.
Issues:
Rectification of mistake in the order of the Tribunal regarding non-adjudication of ground no.7 of the Revenue's appeal in IT(TP)A.17/Bang/2016 & IT(TP)A.39/Bang/2016 for the assessment year 2011-12. Analysis: The Appellate Tribunal, in response to a miscellaneous petition filed by the Revenue, considered the issue of rectification of a mistake in its order related to the non-adjudication of ground no.7 of the Revenue's appeal for the assessment year 2011-12. The Tribunal acknowledged the submission made by the Ld. DR that ground no.7 had not been adjudicated in the previous order and that it was essential for the Tribunal to consider this ground. The Ld. AR representing the Assessee did not contest the DR's submission and agreed that the Tribunal should recall the decision for the limited purpose of adjudicating ground no.7. After hearing the arguments from both parties, the Tribunal concluded that it had indeed committed a mistake by not adjudicating ground no.7 in its previous order. Therefore, the Tribunal deemed it appropriate to recall the decision solely for the purpose of adjudicating ground no.7 of the Revenue's appeal. Consequently, the miscellaneous petition filed by the Revenue seeking rectification was allowed by the Tribunal. The order was pronounced in the open court on December 26, 2017.
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