9911796707
TMI Blog2021 (8) TMI 201X X X X Extracts X X X X X X X X Extracts X X X X ..... s assumption of the ITAT was based on the statement made by the assessee. The mistake committed by the learned counsel for the assessee was also admitted at the time of hearing. As important to note that the learned DR also at the time of hearing has not controverted the proposition canvassed by the learned AR for the assessee. Rather the learned DR was agreed to the proposition suggested by the AR at the time of hearing. It is not material how the mistake was committed by the tribunal. What is material is the mistake committed by the tribunal in deciding the issue on hand, though on the wrong statement of the learned counsel for the assessee. Tribunal has wrongly assumed the fact that the AO has accidentally referred the matter to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions. The upward adjustments with respect to international transactions made by the AO came to be deleted by the learned CIT (A). Accordingly, the Revenue came in appeal before us. However, the Tribunal set aside the issue to the file of the learned CIT (A) with the direction to adjudicate so as to whether the reference to the TPO for the determination of ALP was required to be made in pursuance to CBDT Circular No. 3 of 2003 dated 20th May 2003 vide order dated 04/03/2019 as the value of the international transaction was less than ₹15 crores. Thereafter the assessee filed the instant miscellaneous application pointing out certain mistakes and problems in the order of ITAT which were apparent on the face of the record. 3. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. We have heard the rival contentions of both the parties and perused the materials available on record. The provisions of section 254(2) of the Act provides authority to the Tribunal to rectify the mistakes apparent from record committed by it while rendering the justice. It is the basic principle of jurisprudence that if any mistake is committed by the tribunal, it needs to be rectified as no one should suffer on account of the mistake committed by the court. Even the rules of procedures and technicalities should not come in the way in rendering justice to the parties by correcting the mistake committed by the tribunal. 5.1 In the instant case the ITAT has wrongly assumed that the reference to the TPO by the AO for deciding the arm l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring to either party. Hence the MA filed by the assessee is allowed. 5.4 In the result, the MA filed by the assessee is allowed. Coming to the M.A No. 225/Ahd/2019 (in ITA No.951/Ahd/15) for A.Y.2010-11. 6. As the issue in ground no. 1 raised by the Revenue in its appeal was set aside to the file of the learned CIT (A) for fresh adjudication, the ITAT was also pleased to set aside the issue raised by the assessee raised in its appeal in ground number 3 to 6 bearing ITA No. 951/AHD/2015 to the learned CIT (A) for fresh adjudication. It was observed by the ITAT that the issues raised by the assessee in ground No. 3 to 6 are related to TP provisions. Accordingly the ITAT was of the view that as the validity of reference to TPO is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailable on record. Admittedly the issues raised by the assessee in ground No. 3 to 6 were not decided by the ITAT. As per the ITAT, the outcome of these grounds was depending upon the ground of appeal raised by the revenue in its appeal bearing No. 1370/AHD/2015 which was set aside to the file of the learned CIT (A). Accordingly these grounds of appeal in the assessee s appeal were also set aside to the file of the learned CIT (A) for fresh adjudication. 9.1 Undisputedly the ground No. 1 raised by the Revenue in its appeal bearing No. 1370/AHD/2015 has been recalled by us vide paragraph number 5 of this order which is elaborated above. Accordingly, we are inclined to recall the grounds bearing Nos. 3 to 6 raised by the assessee in its ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
