TMI Blog2021 (9) TMI 1538X X X X Extracts X X X X X X X X Extracts X X X X ..... e of TPO/AO to reexamine the issue. Since, the issue required examination of documents, the Tribunal has rightly restored the issue back to TPO/AO. Assessee has failed to point out any mistake much less any apparent mistake requiring indulgence u/s 254(2) of the Act. Therefore, the first prayer made by assessee is rejected. Adjustment on account of payment of interest on trade creditors - Tribunal has wrongly mentioned in the order that the assessee filed additional evidence i.e. Circular issued by Peri GMBH (Parent company of the assessee/applicant) - As assessee made a statement at the Bar that though the said circular was filed but no reliance was being placed on that circular and prayer to admit aforesaid circular as additional evi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld have been decided by the Tribunal instead of remitting it to the AO/TPO. 2.1 The ld. AR further submitted that in para-11 of the order while adjudicating ground of appeal no. 6 to 11 relating to adjustment on account of payment of interest on trade creditors, the Tribunal has observed that the assessee has filed additional evidence. The ld. AR pointed that at the time of hearing of appeal, he did mention that he would be furnishing internal circular of the assessee to support his contention. Since, the said circular was not furnished in proceedings before the authorities below, it would be an additional evidence. However, the prayer to admit additional was not pressed and no reference was made to the said internal circular while add ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ering entire facts has restored the issue back to the file of TPO/AO to reexamine the issue. Since, the issue required examination of documents, the Tribunal has rightly restored the issue back to TPO/AO. The ld. AR of the assessee has failed to point out any mistake much less any apparent mistake requiring indulgence under section 254(2) of the Act. Therefore, the first prayer made by the ld. AR of the assessee is rejected. 4.2. The second prayer of the assessee is in respect of rectification of mistake in para-11 of the said order. It has been pointed by ld. AR of the assessee that the Tribunal has wrongly mentioned in the order that the assessee filed additional evidence i.e. Circular issued by Peri GMBH (Parent company of the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence in the form of internal circular, whereas the assessee did not place reliance on any additional evidence in respect of issue raised in grounds of appeal nos. 2 to 6. 7. The appeal of assessee in ITA no. 4608/Mum/2019 and 4607/Mum/2019 for A.Y. 2012-13 2013-14 were decided by Tribunal vide common order dated 05.03.2021. While deciding the former appeal i.e. for A.Y. 2013-14, the Tribunal has placed reliance on the findings given in para-11 of the order wherein the issue was restored back to the file of TPO/AO. Since, the findings given in para-11 of the order have already been recalled, for parity of reasons, we deem it appropriate to recall the findings given in para-18 whereby ground nos. 2 to 6 in ITA No. 4607/Mum/2019 and adjud ..... X X X X Extracts X X X X X X X X Extracts X X X X
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