2020 (12) TMI 732

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.... Ld. AR submitted that the appeals of the Revenue Department in the matter pertaining to Convergys Customer Management Group Inc [Now Known as "Concentrix CVG Customer Management Group Inc."] ('Respondent/ Applicant') for AYs 2006-07 and 2008-09 were disposed-off by the Tribunal vide common order dated October 13, 2020. The issue before this Tribunal pertained to levy of penalty under section 271AA of the Income-tax Act, 1961 ('the Act') by the Assessing Officer ['AO']. The penalty was deleted by the Commissioner of Income Tax (Appeals) ['CIT(A)] vide a detailed order dated March 02,2015 after taking the following undisputed facts into consideration: i. During the year under consideration, the Applicant, a non-resident ....

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....n the case of DCIT vs. Bebo Technologies ([2013] 40 taxmann.com 168) and kind attention was drawn to Para 9.7, Para 9.11, Para 10.2 and 10.3 of the order passed by the CIT(A). The aforesaid contention was neither rebutted by the Ld. Departmental Representative nor has been adjudicated upon by this Tribunal while disposing off the appeal. The Ld. AR therefore, submitted that to this extent there is a mistake apparent from the record and therefore, it is prayed that the order may be recalled, and the applicant may be reheard. B. The Ld. AR also submitted that while deciding the appeal, inadvertently certain facts have been stated in the order which are not relevant to the case of the applicant. At Para 8 of the order, the Tribunal has obse....

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....f its own. Non maintaining documents' on account that there is no international transaction and merely relying on the supporting documents of Associated enterprise, cannot be termed as reasonable cause for not maintaining the documents on its own under Section 27B of the Income Tax Act in respect to the international transactions as well as the specified domestic transactions as well. In fact, it is mandatory requirement to obtain an independent accountants report/documents in respect of specified domestic transactions with Associated Enterprises as per Section 02D of the Act and this mandate cannot be diluted by the so called reasonable cause given under Section 27B of the Act." (Emphasis Supplied) With regard to the above,....

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....d-off by this Tribunal. In view of the aforementioned facts and circumstances, the Ld. AR prayed that the Tribunal may rectify the mistakes apparent from the face of the record and recall its order and hear the matter afresh. The Ld. AR further submitted that no application u/s 254(2) other than the instant application has been filed against the order of the Tribunal. 3. The Ld. DR relied upon the order of the Tribunal and submitted that there is no mistake apparent on record in the order of the Tribunal. In fact, the assessee is now seeking review of its own order dated 13.10.2020 by the Tribunal which is not permissible under the provisions of Income Tax Act, 1961. The Ld. DR further submitted that the points now raised by the Ld. A....

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.... the Assessing Officer specifically held that the information and documents required to be kept and maintained were not available with the assessee during the assessment proceedings and assessee kept on relying on the TP study of its Indian subsidiary, a separate legal entity. If the assessee as per the mandate of Section 92C would have maintained its own documents relating to the TP adjustment, the Assessing Officer would have properly been able to determine ALP of the international transactions. But these facts were totally ignored by the CIT(A) and was not contested or disputed by the Assessee during the hearing before us in main appeal. Further, Form 3CEB is to be furnished according to the provisions of Section 92E and for the document....