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2023 (11) TMI 280 - AT - Income TaxRectification of mistake - MAM selection in TP Adjustment not noticing the subsequent order - applying Comparable Uncontrolled Price (CUP) and other methods as against the Transactional Net Margin Method (TNMM) - AR submitted that though the Bench took cognizance of the order passed in the first round of litigation, an inadvertent mistake had crept in, in not noticing the subsequent order which was followed in assessee’s own cases for the assessment years HELD THAT:- There is no denial of the fact that by order ZUARI CEMENT LIMITED [2015 (5) TMI 861 - ITAT HYDERABAD] the matter was remanded to the file of TPO to re-consider the entire matter afresh by determining the MAM and then to analyse the transaction under the provisions of the transfer pricing; and when the AO/TPO repeated the same action taken earlier and the matter travelled again to the Tribunal, in the second round of litigation, the Bench ZUARI CEMENT LIMITED [2021 (10) TMI 605 - ITAT HYDERABAD] by order accepted the aggregation as well as TNMM and left it open for the learned TPO to finalise the consequential computation as per law. Having heard the counsel on either side, we are satisfied that a mistake has crept in in not noticing the subsequent order and not noticing the view taken by a Co-ordinate Bench of the Tribunal in assessee’s own case for an earlier assessment year, constitutes mistake apparent on the face of record. Miscellaneous Applications are allowed accordingly.
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