TMI Blog2024 (3) TMI 951X X X X Extracts X X X X X X X X Extracts X X X X ..... nifest 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. - HON'BLE MR. JUSTICE YASHWANT VARMA AND HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV For the Appellant Through: Mr. Sunil Agarwal, SSC with Mr. Shivansh B. Pandya, JSC, Mr. Utkash Tiwari Mr. Amaan Ahmed Kh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rability had recorded the following findings in paras 12 and 21: 12. We have carefully considered the rival contentions with respect to the above comparable and find that the orders of the coordinate bench in ITA No. 7078/Del/2014 for AY 2010-11 vide para No. 8 has excluded the Persistent Systems Pvt. Ltd from the comparable analysis. In that order it was held that Persistent Systems as software services and products in its income segment, however, there is no segmental information available. The ld DR could not show us any reason that FAR of the assessee for AY 2010-11 is different in this year. Therefore, respectfully following the decision of the coordinate bench in assessee s own case we direct the ld TPO/ AO to exclude the Persistent S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... serve 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. 7. 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. 8. We conse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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