Kimberly-Clark Lever Private Limited, Pune V. Deputy Commissioner of Income-tax, Pune

MA 134/PUN/2023

AI Insights

The case involves Kimberly-Clark Lever Private Limited, the appellant, seeking modification of a previous Tribunal order due to a typographical error concerning the arm's length margins for raw materials purchased from its associated enterprises. The Tribunal acknowledged the error and corrected the margins to 8.82% and 13.16% for the respective companies involved. The correction was made to ensure the accuracy of the financial data used for tax assessment purposes for the assessment year 2012-13. The Tribunal's decision to allow the application underscores the importance of precision in legal and financial documentation.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137573 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-09-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 31-05-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “C”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER M.A. No.134/PUN/2023 (Arising out of ITA No.817/PUN/2017) िनधाᭅरण वषᭅ / Assessment Year: 2012-13 Kimberly-Clark Lever Private Limited, Gat No.934-937, Village Sanaswadi, Taluka: Shirur, Pune- 412208. PAN : AAACK4647E Vs. DCIT, Circle-14, Pune. Appellant Respondent आदेश / ORDER PER INTURI RAMA RAO, AM: This present Miscellaneous Application is filed by the assessee seeking modification of the order passed by this Tribunal in ITA No.817/PUN/2017 for the assessment year 2012-13 dated 02.01.2023 on the ground that the wrong findings of fact recorded by this Tribunal, inasmuch as, in para 13 of the impugned order (supra). Assessee by : Shri Nikhil Mutha Revenue by : Shri Ramnath P. Murkunde Date of hearing : 15.09.2023 Date of pronouncement : 25.09.2023 MA No.134/PUN/2023 2 2. We had carefully gone through the averments made in the present Miscellaneous Application and perused the impugned order of the Tribunal (supra). We find that a typographical error had crept in order of the Tribunal dated 02.01.2023 (supra), inasmuch as, in para 13 of the impugned order. In para 13 of the order of the Tribunal dated 02.01.2023 (supra), for the words: “13. Insofar as the raw material purchased from the AEs is concerned, the appellant submits that the lower authorities failed to appreciate that the mark up of 9% charged by Yuhan Kimberly Ltd. and Kimberly Global sales LLC, is lower than the margin earned by the foreign companies carrying out the similar activities. As per the fresh benchmarking submitted during the course of the proceeding the arm’s length margin comes to 10.62% and 10.18% respectively. Despite the fresh benchmarking submitted by the Appellant justifying the price charged by the AE for supply of raw material, the lower authorities made the adjustment without considering the evidence submitted by the Appellant.” 3. The following words shall be substituted : “13. Insofar as the raw material purchased from the AEs is concerned, the appellant submits that the lower authorities failed to appreciate that the mark up of 8% & 6% charged by Yuhan Kimberly Ltd. and Kimberly Global sales LLC respectively, is lower than the margin earned by the foreign companies carrying out the similar activities. As per the fresh benchmarking submitted during the course of the proceeding the arm’s length margin comes to 8.82% and 13.16% respectively. Despite the fresh benchmarking submitted by the MA No.134/PUN/2023 3 Appellant justifying the price charged by the AE for supply of raw material, the lower authorities made the adjustment without considering the evidence submitted by the Appellant.” 4. The remaining order of the Tribunal dated 02.01.2023 (supra) shall remain unchanged. 5. In the result, the Miscellaneous Application filed by the assessee stands allowed. Order pronounced on this 25 th day of September, 2023. Sd/- Sd/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 25 th September, 2023. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The DRP, Panel-3, Mumbai. 4. The CIT (IT & TP), Pune. 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “C” बᱶच, पुणे / DR, ITAT, “C” Bench, Pune. 6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.