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2024 (3) TMI 951 - HC - Income TaxValidity of order of ITAT allowing Applications filed u/s 254(2) - Rectification versus Review of order - TP Adjustment - Comparability analysis done by ITAT - HELD THAT:- ITAT had clearly rendered incompatible and inconsistent findings. In fact we are constrained to observe that paras 12 and 21 were clearly contradictory. It was thus not only imperative but also expedient in the interest of justice for the ITAT to recall its order of 29 September 2020 and correct a manifest error apparent on the record. If that route had not been adopted, it would have left the Transfer Pricing Officer [“TPO”] as well as the Assessing Officer with an unresolvable quandary. We further note from a reading of the order dated 18 October 2022 that the ITAT has presently kept the issue of comparability vis-a-vis PSL open for its own consideration, and insofar as Sasken is concerned the matter has been remitted to the file of the TPO. In that view of the matter no prejudice as such stands caused to the appellant.
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