2021 (4) TMI 1087

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.... Miscellaneous Application Annexure - 1 Brief facts and reasons for filing miscellaneous application ('MA'): 1. Brief facts: 1. The Appellant, aggrieved by the final assessment order passed by Learned Assessing Officer (Ld. AO), dated 30 October 2018, has filed an appeal [ITA No 2233/Hyd/2018] before the Hon'ble~ IT A T under section 254 of Act and raised inter-alia the following ground: "3. On the facts and in the circumstances of the case and in contrary to law, the Ld. TPO erred and the Hon'ble DRP further erred in upholding/confirming the action of the Ld. TPO in accepting the following companies engaged in information technology enabled services as comparables, without ap....

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....75% of the total operating revenue were excluded" III. Reasons for the filing the MA 4. The Appellant would like to bring to the Hon'ble ITAT's notice that, while passing the order, inadvertently, the Hon'ble ITAT has not given any direction on the comparability of MPS Limited [Refer Para 34 to 39, Page No. 35 to 40 of the order]. 5. Hence, by way of this application, the Appellant seeks to modify the order in ITA No. 2233/Hyd/20 18 to the extent of providing the direction on the comparability of MPS Limited as deemed fit by the Hon'ble ITAT". 2. The learned Counsel for the assessee reiterated the submissions made in the MA and has drawn our attention to page 3 of the order of the ITAT wherein G....

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.... in not discussing and in not adjudicating on the objection of the assessee with regard to the comparability of the MPS Ltd to the assessee company and therefore, there is a mistake apparent from the record which needs rectification. 5. Further, we also find that the assessee has filed additional evidence with regard to the comparability of MPS Ltd to the assessee company and therefore, it requires admission and remand of the issue to the file of the Assessing Officer/TPO for verification and re-consideration. In view of the same, we deem it fit and proper to rectify the order of the Tribunal as under: In the last line of Para No.34, the name mentioned as NPS Ltd shall be corrected as MPS Ltd. Further at the end of the Para No.39, ....