2023 (9) TMI 1418

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....ee : Shri J.D. Mistry, A.R. &  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 re....

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....accordance with the facts and arguments 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 ....

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....475 But this observation appears to be vague as no 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 ti....

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.... 7. However, in the interest of justice application under 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....