Income Tax Appellate Tribunal - Pune
The Acit Cir.-9,, Pune vs Mercedes Benz India P. Ltd., Pune on 17 February, 2023
IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCHES "B" : PUNE
BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER
AND
SHRI G.D. PADMASHALI, ACCOUNTANT MEMBER
M.A.Nos.102 & 103/PUN/2022
Arising out of
ITA.No.10/PUN./2012 & ITA.No.298/PUN./2013
Assessment Years2007-2008 & 2008-2009
The ACIT, Circle-9, M/s. Mercedes Benz India Pvt. Ltd., E-3,
vs. MIDC Chakan, Phase-III, Chakan Industrial
Pune. Area, Kuruli & Nighoje, Tal. Khed, Pune -
410 501. PAN AABCM1789L
(Applicant) (Respondent)
For Revenue : Shri M.G. Jasnani
For Assessee : Shri Pramod Achuthan
Date of Hearing : 17.02.2023
Date of Pronouncement : 17.02.2023
ORDER
PER SATBEER SINGH GODARA, J.M.
These Revenue's twin miscellaneous applications M.A.Nos.102&103/PUN./2022 filed in assessee's corresponding appealsITA.No.101/PUN./2012 & ITA.No.298/PUN./2013 for assessment years 2007-08 and 2008-09; respectively, filed u/s.254(2) of the of the Income Tax Act, 1961 (in short "the Act") seek to recall/rectify our common order dated 30.04.2019 by raising the following identical pleadings :
2
MA.Nos.102 & 103/PUN./2022 for finally benchmarking. selected comparable 3 MA.Nos.102 & 103/PUN./2022
2. We have given our thoughtful consideration to the vehement rival stands against and in support of the Revenue's foregoing pleadings. Suffice to say, we are of the opinion that there is hardly much a need for us to delve deeper in the factual matrix at length once it has come on record that our order had accepted the assessee's "aggregation" plea which had been turned down in the learned lower authorities respective orders. We quote Rule 10A(d) of the Income Tax Appellate Tribunal Rules, 1962 that such an aggregation of transactions is indeed permissible if it satisfies all the settled parameters of law. And the same is no more res integra as well once our order in issue has already issued necessary directions to the Assessing Officer/TPO. 2.1. That being the case, we now advert to the Revenue's main contention seeking to pinpoint certain alleged apparent mistakes in our above common order that the learned lower authorities may be given liberty to examine and conduct a fresh search(es) in the relevant data base regarding the comparable entities issue. We are of the view that the Revenue's instant plea prima facie deserves to be accepted in principle since our order had accepted the assessee's aggregation plea and 4 MA.Nos.102 & 103/PUN./2022 restored the issue back to the lower authorities. The fact also remains that Learned counsel representing the assessee has placed on record the TPO's separate consequential orders for both these assessment years that he has already conducted the corresponding factual verification regarding comparability of all the companies in the relevant segment. We thus conclude in view of these facts and circumstances that the Revenue's instant twin miscellaneous applications deserve to be accepted only in principle subject to the condition that nothing shall come in the TPO's way to finalise his consequential factual verification as per law. Ordered accordingly.
3. These Revenue's twin miscellaneous applications are allowed for statistical purposes in above orders. A copy of this common order be placed in the respective case files.
Order pronounced in the open Court on 17th February, 2023.
Sd/- Sd/-
(GD PADMASHALI) (SATBEER SINGH GODARA)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Pune, Dated 17th February, 2023
VBP/-
Copy of the Order forwarded to :
1. The appellant
2. The respondent
3. Ld. DRP, Pune.
4. Ld. CIT-5, Pune
5. DR ITAT Pune-B Bench, Pune
6. Guard File.
//BY Order//
Assistant Registrar, ITAT, Pune Benches, Pune.