2023 (9) TMI 1418

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....p;Shri Harsh Kapadia, A.R.  For the Revenue : Shri Ashok Kumar Ambastha, DR ORDER Per : Kuldip Singh, Judicial Member: Heard: Applicant M/s. Tech Mahindra Ltd. (Formerly known as Mahindra British Telecom Ltd.) (hereinafter referred to as the assessee) by moving an application u/s. 254(2) of the Income Tax Act,1961(for short 'the Act') sought to recall the impugned order dated 23.03.20....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....addressed by the parties to the appeal and prayed for dismissal of the miscellaneous application filed by the assessee. 3. We have heard the Ld. authorized representatives of the parties to the present application, perused the order (supra) passed by the co-ordinate Bench of Tribunal and material available on record. 4. Undisputedly, co-ordinate Bench of the Tribunal decided ground No.2 raised b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....period was quantified or verified by the Assessing Officer as well as by the CIT(A) while giving this partial relief. This needs to be verified Therefore, we are remanding back this issue to the file of the Assessing Officer/Transfer Pricing Officer to verify the period as well as the interest rate which is available at that particular point of time in the open market and as per the practice on.......

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r consideration is being decided on merits. When the issue raised by the assessee by virtue of the ground No.2 has already been dealt with in the decision rendered by Hon'ble Bombay High Court in case of M/s. Indo American Jewellery Ltd. (supra), but the same has not been considered by the co-ordinate bench while passing the order dated 23.03.2022 (supra), this is certainly a mistake apparent on r....