GODREJ CONSUMER PRODUCTS LTD,MUMBAI vs. DCIT CIR 14(1)(1), MUMBAI

CORRIGENDUM/ORDER We are in receipt of letter dated 23.05.2023 mentioning that in the Tribunal order dated 21.12.2022, there is an inadvertent mistake in para no. 37 of the said order, wherein the words ‘eligible‟ and „non-eligible‟ have been interposed. By way of this corrigendum, the mistake apparent is rectified. Para 37 of the order be now read as under:- 37. We find that aforesaid decision supported the arguments of assessee. The final product of non-eligible unit is raw- material for eligible unit. The annual average cost of which the raw-material is transferred from non-eligible unit to eligible unit is at arm’s length price. The TPO has erred in cherry picking the 2 months where the cost is less than the cost of comparatives supplies, this regarding the months where the cost of raw- material is higher than that of comparables. In the facts of the case and the ratio of the decision cited above, we find merit in the submissions of the assessee. This ground of appeal raised by assessee is thus allowed.

With this rectification, there would be no change in the final outcome of the appeal.