Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (4) TMI 672 - AT - Income TaxTP Adjustment - Interest on outstanding receivables - HELD THAT:- On identical facts, the Tribunal in assessee’s own case for assessment year 2017-2018 [2022 (8) TMI 1364 - ITAT BANGALORE] had restored the matter to the AO / TPO with specific directions to determine the ALP with regard to interest on delayed receivable by following the rules with a proper benchmarking study. Thus following the co-ordinate Bench order of the Tribunal in assessee’s own case, we restore the grounds back to the files of the AO / TPO - Ground allowed for statistical purposes. Disallowance u/s 43B - Adjustment made in the intimation u/s 143(1) - HELD THAT:- The present appeal of the assessee arises out of the final assessment order (final assessment order, which has considered the issues which are adjudicated by the TPO, the draft assessment order and the DRP’s directions). Therefore, the issue of adjustment made in the intimation u/s 143(1) cannot be raised in the present appeal before the Tribunal. However, we notice that the assessee has filed rectification application as against the intimation u/s 143(1) of the I.T. Act. The assessee shall pursue rectification application u/s 154 .
|