Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (2) TMI 878 - AT - Income TaxRectification of mistake - Transfer Pricing adjustment of export of FDF to AE - HELD THAT:- The word assessee should be read as authorities in second line of para 18 of the above order. The ld. Counsel of the assessee has contended that ITAT finding is incorrect. He contends that various submissions and evidence has not been properly appreciated. By calling the factual finding as incorrect, the same cannot take the issue out of review being sought by the assessee. Furthermore, the various issues as mentioned above are finding of the fact by the Tribunal after considering the submissions and perusing the record. What the assessee is now seeking clearly review of the order not permissible u/s.254(2). Hence, if according to the assessee, the order of the ITAT needs to be visited again or the evidences submitted need re-appreciation again in light of assessee’s arguments, the same would amount to review of the matter not permissible u/s.254(2). Hence, in our considered opinion, the Miscellaneous Application in this regard is liable to be dismissed and the same is dismissed as such. Disallowance of E-connectivity charges - Tribunal has noted that there were no convincing arguments by the ld. Counsel of the assessee, hence, the ITAT had upheld the order of the authorities below. Now, since it is the contention of the ld. Counsel of the assessee, assessee’s own case which was in favour of assessee on the said issue has not been considered, in our considered opinion, there is a mistake apparent from the record in the order of the Tribunal. Hence, on the conclusion of the decision of Apex Court in the case of Honda Siel Power Products Ltd [2007 (11) TMI 8 - SUPREME COURT] . Accordingly, we recall the order of the disallowance of e-connectivity charges.
|