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2022 (12) TMI 414 - AT - Income TaxValidity of Rectification order passed by the TPO u/s 154 as per the direction of DRP - Validity of direction issued by the DRP (Dispute Resolution Panel) for rectification - HELD THAT:- We uphold the plea of the assessee to the extent that the impugned rectification order is quashed, as the directions passed by the DRP and the resultant TPO’s order giving effect to these directions, stand quashed. The observations made in the case of Shapoorji Pallonji Bumi Armada Pvt Ltd [2022 (12) TMI 241 - ITAT MUMBAI] will apply mutatis mutandis here as well We may only add that we may add that apart from the grievance against the impugned the arm’s length price adjustment including, of course, against the issuance of directions dated 22nd April 2021 by the Dispute Resolution Panel, the assessee has also raised a grievance against (i) incorrect levy of education cess, including secondary and higher education cess; and (ii) inadvertent error not adjusting the MAT credit, but as this addition was made in the original assessment order dated 30th March 2021, and the order impugned in the present appeal is the rectification order dated 31st May 2021, we are not in a position to deal with the said grievance of the assessee. It is for the assessee to pursue the grievances against any additions or disallowances made in the original assessment proceedings in appeals against the original assessment order, and in the case, for whatever reasons, the said appeal has been inadvertently missed out, it is for the assessee to file the appeal at least now, along with the condonation petition, and the bench dealing with such an appeal and the condonation petition, if any, will take a call on whether or not such a delay can be condoned, and, if necessary, on the merits of the grievance of the assessee. As also bearing in mind the entirety of the case, we vacate the impugned rectification order dated 31st March 2021 passed by the AO u/s 154 r.w.s. 143(3) and 144C(13), as also the related orders passed by the Dispute Resolution Panel and the Transfer Pricing Officer. The original assessment order dated 30th March 2021 stands restored, accordingly. The assessee gets relief to this limited extent.
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