TMI Blog2019 (9) TMI 919X X X X Extracts X X X X X X X X Extracts X X X X ..... ere utilized to pass on the facility to its AE. Tribunal, inadvertently missed to consider and decide on the admissibility of the additional grounds and if they were to be admitted, to consider the merits of the additional grounds of appeal filed by the assessee. If these grounds are admitted and allowed, then the consequences/result of such decision would have an impact on the decision already taken by the Tribunal. Therefore, these grounds may need adjudication by the Tribunal. Therefore, we are of the opinion that there is a mistake apparent from the record which needs rectification. ALP adjustment towards interest on outstanding receivables - HELD THAT:- On going through the order of the Tribunal, we find that for the A.Y 2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tanding receivables from the Associated Enterprises, against which the assessee had placed additional grounds of appeal Nos. 5 6. It is submitted that the Tribunal has not adjudicated these grounds and therefore, there is a mistake apparent from the record which needs rectification by recall of the order of the Tribunal to adjudicate these grounds. 3. The learned Counsel for the assessee argued in favour of the M.A. while the learned DR opposed the M.A.s stating that the Tribunal has already set aside the issue to the file of the AO/TPO to consider the industry average of interest on receivables and if the collections during the year are within the industry average, they should be allowed and only such of the collections ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... djudication by the Tribunal. Therefore, we are of the opinion that there is a mistake apparent from the record which needs rectification. Therefore, we recall the order of the Tribunal in ITA No.1919/Hyd/2017 only for adjudicating the additional grounds of appeal raised by the assessee as Grounds 5 6 respectively. M.A. in 66/Hyd/2019 is accordingly allowed. 5. In M.A. 84/Hyd/2019 for the A.Y 2014-15, the case of the assessee is that while disposing of the issue relating to ALP adjustment towards interest on outstanding receivables , the assessee s grounds in appeal No.2.1 has not been adjudicated. Therefore, there is a mistake apparent from record which needs rectification. On going through the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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