2024 (1) TMI 1304

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.....5.2023 to the extent of mistake apparent from record, which the assessee has pointed out in its MA. 2. In the MA, amongst other, it was pointed out that the assessee had raised the issue of addition made by the AO/TPO on account of adjustment of Rs. 52,91,667/- in relation to the international transaction of payment of guarantee fees to AE and the assessee sought the deletion of the same before the Tribunal in its above appeal. This issue was raised in ground no. 4 in ITA No. 930/Ahd/2015. However, the Tribunal vide impugned order confirmed the upward adjustment so made by the lower authorities and dismissed the claim of the assessee. It was further pointed out that the Tribunal while confirming the order of the lower authorities did no....

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.... The Appellant prays that the additions made by the Id. AO/TPO in relation to the international transaction of payment guarantee fees to AE be deleted." 2.2. The Hon'ble Tribunal erred in not appreciating that the Hon'ble Tribunal had concurred with the order of the Ld. CIT(A) in the Appellant's own case in AY 2009-10, and held the payment for guarantee commission to be justifiable. 2.3. Thereby, the Hon'ble Tribunal has grossly missed/omitted the findings by the Bench in the Appellant's own case of AY 2009-10 involving same transaction and circumstances and has disregarded the rule of consistency. 2.4. Further, The Hon'ble Tribunal disposed of ground No. 4 of the appeal in the impugned or....

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....efore the Hon'ble Tribunal, it is humbly prayed that this Miscellaneous Application under Section 254(2) of the Act may kindly be admitted and adjudicated upon. The Applicant most respectfully prays, that the Hon'ble Tribunal be pleased to: a. Rectify the mistake apparent on record as mentioned above in the order dated 31 May 2023; or b. In the alternative, recall the order dated 31 May 2023, to the extent of the mistake and decide afresh by giving reasonable opportunity; or c. Grant any other relief which the Hon'ble Bench deems fit and proper considering the facts of the applicant." 3. The ld.Sr.Counsel for the assessee contended that the Tribunal, in affirming the lower authority's decision on th....