TaxTMI 
TaxTMI 
2021 (8) TMI 201
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....ssee by way this miscellaneous application is seeking to recall the order of the ITAT as there is a mistake apparent from record. First we take M.A. No.226/Ahd/2019 (in ITA No.1370/Ahd/2017) for A.Y. 2010-11. 2. The assessment was framed under section 143(3) of the Act vide order dated 28/03/2013 by the AO after making certain additions including the upward adjustments with respect to international transactions. The upward adjustments with respect to international transactions made by the AO came to be deleted by the learned CIT (A). Accordingly, the Revenue came in appeal before us. However, the Tribunal set aside the issue to the file of the learned CIT (A) with the direction to adjudicate so as to whether the reference to the TPO f....
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....ction issued by the bench is contrary to the facts available on record which constitute a mistake apparent on record. Hence, the learned AR requested for the rectification of the mistake by recalling the ground No. 1 raised by the Revenue and allow him to raise his argument on merit. 4. On the other hand, the learned DR fairly agreed to the proposition suggested by the learned AR for the assessee. 5. We have heard the rival contentions of both the parties and perused the materials available on record. The provisions of section 254(2) of the Act provides authority to the Tribunal to rectify the mistakes apparent from record committed by it while rendering the justice. It is the basic principle of jurisprudence that if any mistake is co....
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....law that the wrong assumption of facts which are crucial to decide the issue, will constitute mistake apparent from record. Accordingly, we recall the ground No. 1 raised by the Revenue for fresh adjudication as per the provisions of law. The appeal may be listed for hearing on 26 July 2021. As the date of hearing has been pronounced in the open court, there is no need to send separate notice of hearing to either party. Hence the MA filed by the assessee is allowed. 5.4 In the result, the MA filed by the assessee is allowed. Coming to the M.A No. 225/Ahd/2019 (in ITA No.951/Ahd/15) for A.Y.2010-11. 6. As the issue in ground no. 1 raised by the Revenue in its appeal was set aside to the file of the learned CIT (A) for fresh adjudica....
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.... for fresh adjudication as per the provisions of law. 8. On the other hand, the learned DR raised no objection if grounds of appeal of the assessee bearing numbers 2 to 6 are recalled for fresh adjudication as per the provisions of law. As such the learned DR fairly agreed to the preposition canvassed by the learned AR for the assessee. 9. Heard both the parties and perused the materials available on record. Admittedly the issues raised by the assessee in ground No. 3 to 6 were not decided by the ITAT. As per the ITAT, the outcome of these grounds was depending upon the ground of appeal raised by the revenue in its appeal bearing No. 1370/AHD/2015 which was set aside to the file of the learned CIT (A). Accordingly these grounds of app....