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Facts
The assessee pointed out that the impugned order giving effect to the third member's order only addressed the grounds adjudicated by the third member, neglecting grounds from the original divisional bench order. The Tribunal agreed with this contention.
Held
The Tribunal held that it would agree with the assessee's contention and would consider the other grounds that were mutually agreed upon by the Accountant Member and Judicial Member. The grounds on which there was no difference of opinion were decided as per the earlier order.
Key Issues
Whether the corrigendum order correctly gave effect to the third member's order and addressed all adjudicated grounds. Whether the parties agreed on the disposal of certain grounds.
Sections Cited
80IA, 115JB, 14A
AI-generated summary — verify with the full judgment below
order dated 30/10/2023 giving effect to the order of the Third Member dated 17/10/2022)
Assessee has brought to our notice that while passing the impugned order giving effect to the third member dated 17/10/2022 only effect to the grounds adjudicated by Third member has been given. However, there is no mention on the grounds adjudicated in the original orders of the divisional Bench. 2. We agree with the aforesaid contention and accordingly, with respect to other grounds which both Accountant Member
2 & 3746/Mum/2013 M/s. West Coast Paper Mills Ltd. and Judicial Member have mutually agreed upon shall be treated as part of this order. The grounds of appeal where there is no difference of opinion is tabulated below:- Ground No. Ground of Appeal Decision ITA No.: 3746/Mum/2013 (Assessee Appeal)
1. Non-Exclusion of Decided in favour extraneous charges for of the assessee calculating transfer price of electricity
2. Non-reduction of pro-rated Dismissed indirect expenses from the profit of power unit
3. Allowance of deduction u/s Dismissed 80IA in respect of power unit no. 6 if in unlikely event claim for power unit No. 6A & 6B is not given
5. Disallowance of leave Dismissed encashment claimed on provisional basis
8. Disallowance of profit on Dismissed sale of fixed asset and investments in computing book profit u/s 115JB ITA No.3564/Mum/2013 (Departmental Appeal) 1 to 6. Deduction u/s 80IA of the Dismissed Act
7. Disallowance u/s 14A Dismissed
8. Addition of unutilized Dismissed Modvat Credit to the value of closing stock of raw material
3. Accordingly, the aforesaid grounds when there were no dispute and were mutually agreed upon, are decided according to the earlier order.
In the result, application for corrigendum is allowed accordingly.