2020 (12) TMI 333

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....ncome Tax Act, 1961 (hereinafter called 'the Act'). 2. In the course of hearing, it was submitted by learned AR of the assessee that in para 2.2 of the MP, assessee has narrated the alleged apparent mistakes in the Tribunal order, which reads as under: "2.2 That the appellant being aggrieved with the order of Ld. CIT(A), filed appeal before the Hon'ble Tribunal and relied, inter-alia, upon provisions of the law and relevant judicial pronouncements (copies whereof were submitted in the course of hearing) in support of its contentions against transfer pricing adjustments in both the R&D and Lithium segment. However, it is observed that as per the order of the Hon'ble Tribunal, it seems that the Hon'ble Tribuna....

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.... pressed. It was pointed out by the bench that there is no ground No. 3 because after Ground No. 2, there is Ground No. 4. The bench also pointed out that in Ground No. 4, the grievances are about Research & Development Segment and that in Ground No. 5, the grievances are about Lithium Segment but learned AR of the assesse did not advance any argument regarding Research & Development Segment and hence, it is inferred that Ground No. 4 is also not pressed and since, there is no ground no. 3, we are required to decide only Ground No. 5 regarding Lithium Segment. Regarding this segment, it was submitted by the learned AR of the assesse that in Para 8 to 8.9, learned CIT (A) has decided about the grievances of the assesse in respect of this seg....

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.... decision in respect of ground No.5 and the only mistake alleged by the assessee is regarding non-decision in respect of ground No.4 raised by the assessee which is regarding R & D segment. He submitted that this is not correct that no argument was advanced by learned AR of the assessee in respect of R & D segment and therefore, the Tribunal order should be recalled for the limited purpose of deciding ground No.4 raised by the assessee in the original grounds of appeal in respect of R & D segment but learned AR of the assessee could not bring any evidence in this regard that in fact, arguments were advanced by learned AR of the assessee with regard R & D segment while arguing the appeal. Learned DR of the Revenue submitted that there is no ....