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Facts
The original order dated 01.12.2023 was passed in the instant appeal. The assessee submitted that there was an inadvertent error in paragraph 13 of the order. This corrigendum is issued to rectify that error.
Held
The Tribunal has corrected paragraph 13 of its order to clarify that not only the order of the TPO but also the final assessment order dated 23.04.2021 are quashed, as the TPO's order was found to be time-barred. Consequently, other grounds raised by the assessee become academic.
Key Issues
Rectification of an inadvertent error in a previously passed order concerning the quashing of the TPO's order.
Sections Cited
254(1)
AI-generated summary — verify with the full judgment below
Order u/s. 254(1) of the Income Tax Act, 1961 was passed in the instant appeal on 01.12.2023. However, it has been stated by the assessee vide its submission dated 11.04.2024 that certain inadvertent error had crept in this order at para no. 13 at page no.10, which is accordingly being restored/rectified by way of this corrigendum:
By respectfully following the above said decision, ground no. 2 raised by the assessee challenging the order of the ld. TPO as time barred is hereby allowed and we, therefore, quash the order passed by the ld. TPO. As the order of the ld. TPO has been quashed, the other grounds raised by the assessee become academic in nature and requires no separate adjudication.
The same should be read as:
“13. By respectfully following the above said decision, ground no. 2 raised by the assessee challenging the order of the ld. TPO as time barred is hereby allowed and, therefore, the order passed by the ld. TPO and as a consequence the final assessment order dated 23.04.2021 are quashed.. As the order of the ld. TPO and the ld. A.O. has been quashed, the other grounds raised by the assessee become academic in nature and requires no separate adjudication.”
(A.Y.2016-17) Diageo India P. Ltd. vs. Addl/Dy/CIT/Asstt/ITO 2. This corrigendum shall form part and parcel of the original order afore-referred u/s. 254(1) of the Act, and is to be therefore read along with the order dated 01.12.2023.