2021 (8) TMI 1391

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....ing prayers:- "Our Prayer In summary, the assessee prays as under:- (a) Insofar as Ground no.11 and 13 are concerned, the finding given by the Tribunal in Para 14 to 16 for Ground no.8 to 10 may be adopted for Ground no.11 and 13 as the facts and issues raised are similar. (b) Insofar as Ground no.28 is concerned, the inadvertent error of remanding the matter back to the Assessing Officer for verification of the "other overheads" may be rectified and the disallowance made under section 80-IC of the Act be deleted." 3. The contents of misc. application insofar as assessee's Prayer-(a) is concerned, the same is reproduced below:- * Ground 11 to 13 - Transfer pricing adjustment on-account of payment of service fees to Cadbury Holdin....

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....face of record, we proceed to rectify the mistakes. 5. The concluding part, vide Para-19 and 20 of grounds no.11 to 13, of the impugned order dated 17th February 2021, passed in assessee's appeal being ITA no.2214/Mum./2014, for the assessment year 2009-10, are hereby substituted and be read as under:- "19. Having considered the rival submissions and having perused the material on record, we find that the related facts and circumstances of the issue raised by the assessee in the grounds no.11 to 13 of the present appeal is materially identical to the issue decided by us vide grounds no.8 to 11, in Para-14, 15 and 16, wherein we have allowed the issue while following the decision of the Co-ordinate Bench of the Tribunal rendered in Kodak ....

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....verheads". In its order for AY 2009-10, the Hon'ble ITAT has noted the order for earlier years and followed the same (see para 38, page 43) and held that "Accordingly, we deem it fit to remit only the verification of allocation of other overhead to the file of the AO" 11. The Assessee says that in the current year, all operational and establishment expenses have been uniformly allocated and therefore, there is no separate category of "other overheads" which would require verification. Therefore, the Assessee submits that in the current year, nothing is required to be remitted for verification since there is no separate allocation method for "other overheads". It is humbly submitted that the inadvertent mistake apparent from record b....