Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, “C”, BENCH KOLKATA
Before: SHRI S. S. GODARA, JM & DR. A.L.SAINI, AM
The assessee, by way of a letter dated 23rdMarch, 2020 has sought to point out that a mistake apparent from record has crept in the order of the Tribunal dated 31.01.2020. The assessee,brought to our notice that there are somemistakes in writing a few figures inthe order dated 31.01.2020, in 2013–14. These are only typographical mistakes.
On perusal of the records available before us, we find that the aforesaid typographical mistakes, as pointed out by the assessee, is apparent on record which needs rectification. Consequently, we proceed to rectify the same as follows.
Paragraph No. 15, at page No. 19 of the order of the Tribunal stated as follows:
AT & S Austria Technologie & Systemtechnik Aktiongesellschaft
“15. Ground No. 4 to 9 are directed against the arm’s length price adjustment of INR 9,48,760/- made by the AO in respect of recovery of information technology (‘IT’) service cost from AT&S India.”.
3 (a). Paragraph No. 15,at page No. 19 of the order of the Tribunal should be read as follows: “15. Ground No. 4 to 9 are directed against the addition of INR 3,67,51,029/- (including the ALP adjustment of INR 9,48,760/-) made by the AO in respect of recovery of information technology (‘IT’) service cost from A T&S India.”
3(b). Paragraph No. 21, vide page No. 24 of the order of the Tribunal stated as follows: “The payment made by AT&S India to the assessee is in the nature of reimbursement of cost, therefore we delete the addition of Rs.9,48,760/-.”
3(c ). Paragraph No. 21, vide page No. 24 of the order of the Tribunal should read as follows: “The payment made by AT&S India to the assessee is in the nature of reimbursement of cost, therefore we delete the addition of Rs. 3,67,51,029/- (including the ALP adjustment of Rs. 9,48,760/-). ”
Paragraph No.23,at page No.24 of the order of the Tribunal stated as follows: “23. Ground No. 12 to 15 are directed against the arm’s length price adjustment of INR 9,72,959/- made by the TPO/DRP in respect of receipt of corporate guarantee fee from A T&S India.”
4(a). Paragraph No.23,at page No.24 of the order of the Tribunal, should be read as follows: “23. Ground No. 12 to 15 are directed against the addition of Rs. 46,16,719/- (including the ALP adjustment of Rs. 9,72,959/-) made by the TPO/AO in respect ofreceipt ofcorporate guarantee fee from AT&S India.”
AT & S Austria Technologie & Systemtechnik Aktiongesellschaft 4(b). Paragraph No. 27, vide page No. 29 of the order of the Tribunal stated as follows: “Respectfully following the above binding precedent, we delete the addition of Rs.9,72,959/-.”
4(c). Paragraph No. 27, vide page No. 29 of the order of the Tribunal should read as follows: “Respectfully following the above binding precedent, we delete the addition of Rs. 46,16,719/-, (including the ALP adjustment of Rs. 9,72,959/-).”
The order of the Tribunal dated 31.01.2020, in 2013–14 be treated as amended to this extent, as mentioned above.