2021 (3) TMI 815

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....l. 3. As regards the 1st mistake assessee submits as under :- "The honourable tribunal has disposed of this issue in paragraph 12 of its order which reads as under: "12. The assessing officer was in possession of this Transfer Pricing adjustment order and admittedly this was not deleted in appeal. Hence it was incumbent upon the assessing officer to refer the International transaction or specified domestic transaction to Transfer Pricing officer for the present year." 6.2. As a result, there is mistake apparent from the record that the second condition of para-3.3 (b) of the instruction is not fulfilled because neither appeal was pending on 16-02-2016 i.e. the date on which assessment of AY- 2014-2015 was completed, nor adjustment ....

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....se that the adjustment was not subsisting. In the facts of the present case it is undisputed that there was a Transfer Pricing adjustment for assessment year 13-14 for an amount of Rs. 15,50,50,297/- by the order of the Transfer Pricing officer dated 28.06.16. 12. The assessing officer was in possession of this Transfer Pricing adjustment order and admittedly this was not deleted in appeal, Hence it was incumbent upon the assessing officer to refer the international transaction or specified domestic transaction to Transfer Pricing officer for the present year. 13. The emphasis by the Id. counsel of the assessee on to the date of assessment order is irrelevant as the said guideline only mentions subsisting transfer pricing adjustment i....