TMI Blog2021 (3) TMI 815X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of ITAT unless the same is found to be applicable on the facts of the case. We are of the considered opinion that assessee is seeking a review of the order of the ITAT which is not sustainable in law. Upon careful consideration we find that ITAT has duly appreciated the submissions and thereafter passed the order upholding the order's of authorities below. We find that by way of this miscellaneous application the assessee seeks a review of the order of the tribunal in the garb of rectification of mistake apparent from record. It is settled law that a review of the order in the garb of rectification of mistake apparent from record is not permissible in law. Accordingly this miscellaneous application filed by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal is filed on 01-02- 2017. Much later. The second condition requires that such adjustment has been upheld by the judicial authorities or pending in appeal. There is no requirement that the adjustment should be deleted. 4. We find that ITAT has adjudicated the issue in dispute by concluding as under:- 10. Upon careful consideration we find that as per para 3.3b of the CBDT guideline dated 10.3.16 as under: - 2.3 As per the para 3.3(b) of CBDT guidelines dated 10.03.2016 for implementation of Transfer Pricing Provisions, cases selected for scrutiny on non-transfer pricing risk parameters but also having international transactions or specified domestic transactions shall be referred to the TPOs only in the following circ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on knowledge that transfer pricing adjustment arise out of the Transfer Pricing officers order. It is undisputed that there was a Transfer Pricing adjustment by TPO dated 28.10.16, which was available before the assessing officer before he passed the assessment order of ay 2015-16. On 16.12.2016 what the assessee want is that word transfer pricing adjustment by an assessment order should be inserted in the guideline. In our considered opinion it is impermissible to add words as per once convenience. It would be an absurd interpretation. 14. In this view of the matter in our considered opinion the learned Commissioner of income tax was correct in holding that in as much as the officer has not referred the matter for Transfer Pricing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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