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2015 (2) TMI 242 - AT - Income TaxRectification of the mistake - alternate direction given by the Tribunal to the Assessing Officer to consider the rate adopted by the assessee in the immediately next year by discounting the same is contrary to Rule 10C(4) - Held that:- Keeping in view the clear and unambiguous provisions of Rule 10B(4) as further interpreted by the Tribunal in various decisions, we find merit in the contention of the learned Counsel for the assessee that there is a mistake of law in the order of the Tribunal in giving alternate direction to the Assessing Officer to consider the rate adopted by the assessee in the immediately next year for comparability analysis and the same being apparent from record, we rectify the same by deleting such alternate direction given by the Tribunal. The order of the Tribunal dated 15.07.2011 is modified and the miscellaneous application of the assessee is allowed. - Decided in favour of assessee.
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