DSV AIR & SEA PRIVATE LIMITED,MUMBAI V. ACIT, CIRLE-3(1)(1), MUMBAI

MA 349/MUM/2025

AI Insights

The case involves DSV Air & Sea Private Limited appealing for rectifications in a previous tribunal order concerning the assessment year 2020-21. The tribunal had initially recorded certain errors and omissions in the order, including the incorrect assessment year and the treatment of specific grounds of appeal as not pressed. The assessee's advocate pointed out these mistakes, and the Senior Departmental Representative agreed to the corrections. The tribunal acknowledged the errors and directed the necessary amendments, including the exclusion of a specific comparable company from the final list due to the lack of publicly available financial data.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 834401 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-02-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: K
• Assessment Year: 2020-2021
• Appeal Filed On: 18-12-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAVIN SALUNKHE
• Assessee Lawyers: NIKHIL TIWARI

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL, ‘K’ BENCH MUMBAI BEFORE: SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI ARUN KHODIPIA, ACCOUNTANT MEMBER MA No. 349/Mum/2025 (Arising out of ITA No. 3653/Mum/2024) (Assessment Year:2020-21) DSV Air & Sea Private Limited B-201, B-204, The Qube, MV Road, Off International Airport Approach Road, Marol, Andheri East, Mumbai 400059. Vs. ACIT, Circle 3(1)(1), Mumbai Aayakar Bhavan, Maharshi Karve Road, Mumbai 400020 PAN: AACCD3848A (Appellant) .. (Respondent) Assessee by Shri. Nikhil Tiwari, Advocate Revenue by Shri. Pravin Salunkhe (SR. DR) Date of Hearing 23/01/2026 Date of Pronouncement 04/02/2026 Order under section 250 of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER: 1. This Miscellaneous Application (MA) is filed by the assessee for seeking rectification in the order dated 02.11.2025 passed the ITA No. 3653/Mum/2024 for AY 2016-17. The Ld. Authorized Representative (AR) of the assessee submit that there are three mistake which are apparent in the order dated 02.11.2025 and can be rectified accordingly. 2. First mistake is year of assessment order in the title of case, which is wrongly mentioned as of AY 2016-17 instead of AY 2022-21 which may be rectified. Secondly, at the time of making submission he has made specific submission that he is not pressing Ground No. 5, 6 and 7, though such ground of appeal is Printed from counselvise.com 2 MA No. 349/Mum/2025 (Arising out of ITA No. 3653/Mum/2024) (Assessment Year:2020-21) DSV Air & Sea Private Limited adjudicated in favour of the assessee. However, in a fair manner he reiterated that such ground of appeal may be considered as not pressed. Thirdly, Ground No. 14 which relates to inclusion or exclusion of comparable company namely M + R Logistics (India) Private Limited in Final set of comparable. During his submission, he made submission for exclusion of M+R Logistics (India) Private Limited from the final list of comparable. The bench recorded the submission of both the parties in the order; however, due to accidental omission no finding is given on such comparable. The Ld. AR submits that a suitable correction /direction/ order may be passed and allow the application of the assessee. 3. On the other hand, Ld. Sr. DR for the revenue, on first mistake about assessment year agreed that there is a typographical mistake which may be corrected. Similarly, for mistake no. 2, Ld. Sr. DR agreed that Ground No. 4, 5 and 6 may be treated as not pressed. For third mistake the Ld. Sr. DR on going through the order of the Tribunal Submit that submissions of both the parties on the comparable of M+R Logistics (India) Private limited is duly recorded however, it may be have been left due to accidental omission and may be considered in accordance with the submissions of both the parties as have been recorded in the order. 4. We have considered the rival submission of both the parties and have gone through our order dated 21.11.2025. On careful perusal of record, we find that assessment order in the cause title of order is wrongly mentioned as AY 2016-17 instead of AY 2020-21, therefore, we direct assessment order in order dated 21.11.2025 in ITA No. 3653/Mum/2024 be read as AY 2020-21. We further find Printed from counselvise.com 3 MA No. 349/Mum/2025 (Arising out of ITA No. 3653/Mum/2024) (Assessment Year:2020-21) DSV Air & Sea Private Limited it assessee in its written submission has given in writing that he is not pressed Ground No. 5, 6 and 7 therefore, such ground of appeal is treated as nor pressed and dismissed as such. We order accordingly. Now adverting to the third mistake pointed out by the ld AR of the assessee. 5. We find that so far as, exclusion of M+R Logistics (India) Private Limited is concerned there is no finding in the order, though submission of both the parties are recorded in the order. Hence, there is a mistake apparent in the order. Hence, such comparable is considered now and our finding on this comparable be read as sub para (12) of para 9 of order dated 02.11.2025 for M+R Logistics (India) Private Limited. (12) We find that assessee in its TPSR rejected this comparable as its financial data is not available in public domain. We find that TPO included/accepted this comparable by holding that not availability of annual report in public domain is not a valid reason for rejecting comparable and data of all private companies is available on MCA website. The DRP confirm the action of TPO. We find it financial report of this comparable is not available in public domain. The DRP has also rejected one of the assessee’s comparable namely Lords Freight on the same basis that annual report of said company is not available in public domain. In our view, this comparable cannot be considered as good comparable with assessee company in absence of financial data of the public domain. The AO/ TPO is directed to exclude this comparable. 6. With the aforesaid direction, the Miscellaneous Application filed by the assessee is allowed. Printed from counselvise.com 4 MA No. 349/Mum/2025 (Arising out of ITA No. 3653/Mum/2024) (Assessment Year:2020-21) DSV Air & Sea Private Limited 7. In the result, Miscellaneous Application filed by the assessee is allowed. Order pronounced in open court on 04.02.2026. Sd/- (ARUN KHODIPIA) Sd/- (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 04/02/2026 Divya Ramesh Nandgaonkar Stenographer Copy of the Order forwarded to: BY ORDER, (Asstt.Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. Printed from counselvise.com "