TaxTMI 
TaxTMI 
2026 (4) TMI 35
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....he Tribunal in ITA No. 436/Ahd/2025, pertaining to the Assessment Year 2021-22. 2. The assessee in the miscellaneous application has submitted as under:- "1. The Applicant above named files the present application against order dated 25.11.2025 passed by this Hon'ble Tribunal. It is respectfully submitted that in the said order the following errors are apparent on the record. 2. Applicant respectfully submits that revenue challenged the deletion by ld. CIT(A) of upward adjustment of Rs. 2,55,68, 000/- made by TPO vide ground no. i) & ii) reproduced hereunder: Ground No. i): "Whether on the facts and in the circumstances of the case, the Ld. CIT(A) has erred in deleting the upward adjustment of Rs. 2,55,68,0....
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....e to remain the same, then there should not be any variation in the treatment from earlier years and relying on the judgment of Apex Court in the matter of M/s Excel Industries Ltd. [2013] 38 taxmann.com 100 (SC)held that..." 4. Hon'ble ITAT adjudicated above grounds on page 22 para 6 as under - "We have heard the rival contentions and perused the material available on record. We find that the issue of Corporate Guarantee Fee stands settled by the orders of the Co-ordinate Benches of the Tribunal for AY 2015-16, AY 2016-17, AY 2018-19 & 2015-16 in assessee's own case. In the absence of any change in the factual matrix and legal proposition, we decline to interfere with the order of the Ld. CIT(A)." 5. Appl....
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....ips received is Rs. 59,79,85,415/-, Hence, the decision taken by my predecessors in CIT(A) proceedings on this very issue for the AY 2018-19 & AY 2020-21 is squarely applicable on the ground raised in this appeal on characterization of export receipts. The discussion for the AY 2018-19 is reproduced below for ready reference "14.01 During the assessment proceedings, the assessee made an................... ........................... ........................... 8.4.5 As per the above discussion and relying upon decision of Chennai, Delhi and Mumbai ITAT and CIT(A)'s order for AY 18-19 & AY 20-21 in appellant's own case, the AO is directed to grant relief to the appellant on the issue of export ince....
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....xport incentives received under MEIS Scrips as capital receipt is covered by decisions of various judicial authorities submitted during the hearing and not by the orders of the Coordinate Benches of Tribunal for AY 2018-19 & AY 2020-21." 3. In a nutshell, the assessee submitted that certain mistakes apparent on record have crept into the Tribunal's order while adjudicating the issues relating to (i) Corporate Guarantee Fee and (ii) characterization of export incentives received under MEIS Scrips. 4. We have heard both the parties and perused the material available on record. (i) Corporate Guarantee Fee 4.1 In para 6 of the Tribunal's order, it was observed that the issue of Corporate Guarantee Fee stood settled by orders of the ....