TMI Blog2018 (6) TMI 1756X X X X Extracts X X X X X X X X Extracts X X X X ..... . IDC India Ltd. - After considering the rival stands, we find that assessee has raised a ground relating to the inclusion of M/s. ICRA Online Ltd. and M/s. IDC India Ltd., which have been left out for determination, and the same constitutes a mistake within the meaning of Sec. 254(2) of the Act. Therefore, our order is recalled qua the Ground of appeal no. 2 to the limited extent of considering assessee s plea for inclusion of M/s. ICRA Online Ltd. and M/s. IDC India Ltd. in the final set of comparables. Accordingly, both the parties were informed that the appeal shall be listed before a regular bench for hearing the parties on the aforesaid two aspects and appropriate determination thereof. The date of hearing was announced in the ope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as sought exclusion of the said concern from the final set of comparables alongwith the other two concerns, namely, M/s. Motilal Oswal Investment Advisors Pvt. Ltd. and M/s. Berscon Corporate Advisors Pvt. Ltd. It is pointed out that while the Tribunal has determined the issue with regard to the exclusion of M/s. Motilal Oswal Investment Advisors Pvt. Ltd. and M/s. Berscon Corporate Advisors Pvt. Ltd., but the determination on the exclusion of M/s. Motilal Oswal Private Equity Advisors Pvt. Ltd. is absent. 4. The ld. DR appearing for the Revenue did not contest the factual omission brought out by the learned representative for the applicant. 5. Having perused the order of the Tribunal dated 09.03.2016 (supra) as well as the other mate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der. It was, therefore, canvassed that to the said extent, the order of the Tribunal be recalled for adjudication on the issue of inclusion of the aforesaid two concerns in the final list of comparables. 9. On this point, though the ld. DR did not oppose the plea, but pointed out that as per para 14 of the order of Tribunal dated 09.03.2016 (supra), their determination was left out as it was academic in nature on accepting the plea of the assessee that if two of the comparables selected by the TPO were excluded and one of assessee s comparable concerns was included as a comparable, then the determination of inclusion of the aforesaid two concerns would be rendered academic. To this, the learned representative pointed out that the plea wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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