TOSHIBA TRANSMISSION AND DISTRIBUTION SYSTEMS (INDIA) PRIVATE LIMITED,RUDRARAM V. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-8(1), HYDERABAD

MA 23/HYD/2025

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The case involves M/s. Toshiba Transmission & Distribution Systems (India) Private Ltd., which filed a Miscellaneous Application seeking rectification of an order passed by the Income Tax Appellate Tribunal, Hyderabad. The original order pertained to the benchmarking of intra-group services for the assessment year 2015-2016. The Tribunal had previously restored the issue back to the Assessing Officer/TPO for reconsideration based on various evidences provided by the assessee. The assessee claimed there were mistakes in the Tribunal's order, which they wanted rectified. However, the Tribunal, after hearing both parties, concluded that there was no mistake apparent in the order and dismissed the M.A., citing the Supreme Court's decision that prohibits reviewing its own orders under the guise of rectification.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 126774 (ITAT-HYDERABAD)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-04-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2015-2016
• Other Referred Cases: ACIT vs. Sourashtra Kutch Stock Exchange Ltd., [2008] 305 ITR 227 (SC)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SRINATH SADANALA
• Assessee Lawyers: KRANTHI PALIVELA

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD “A” BENCH : HYDERABAD BEFORE SHRI MANJUNATHA G, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER M.A.No.23/Hyd./2025 Arising out of ITA.TP.No.103/Hyd/2020 - Assessment Year 2015-2016 M/s. Toshiba Transmission & Distribution Systems (India) Private Ltd., Hyderabad PAN AAECT6883F vs. The ACIT, Circle-8(1) Hyderabad. (Applicant) (Respondent) For Assessee : CA Kranthi Palivela For Revenue : Shri Srinath Sadanala, Sr. AR Date of Hearing : 25.04.2025 Date of Pronouncement : 25.04.2025 ORDER PER MANJUNATHA G, A.M. : The above Miscellaneous application has been moved by the assessee requesting to rectify the mistakes crept in the order of the Tribunal dated 25.09.2024 in ITA.TP.No.103/Hyd./2020 by exercising it’s jurisdiction u/sec.254(2) of the Income Tax Act, 1961. 2 MA.No.23/Hyd./2025 2. CA Kranthi Palivela, Learned Counsel for the Assessee has narrated the facts of the case and mistakes stated by the Assessee on record from the order of the Tribunal dated 25.09.2024 in ITA.TP.No.103/Hyd./2020 for the assessment year 2015-2016 and pleaded that the mistakes pointed-out by applicant-company in the M.A. filed by it may please be rectified in the interest of justice. 3. Shri Srinath Sadanala, learned Sr. AR for the Revenue, on the other hand, strongly relied on the order of the Tribunal dated 25.09.2024 passed in ITA.TP.No.103/ Hyd./2020. He submitted that, the assessee seeks to review the orders of the Tribunal dated 25.09.2024 under the garb of rectification and that, the Tribunal has no power to review it’s own order in light of Judgment of Hon’ble Supreme Court in the case of ACIT vs., Sourashtra Kutch Stock Exchange Ltd., [2008] 305 ITR 227 (SC). He, accordingly submitted that, there are no merits in the M.A. filed by the applicant-company and, therefore, the M.A. filed by the applicant-company deserves to be dismissed. 3 MA.No.23/Hyd./2025 4. We have heard both the parties and considered relevant contents of the M.A. filed by the applicant-company u/sec.254(2) of the Act in light of the order of the Tribunal dated 25.09.2024 passed in ITA.TP.No.103/Hyd./2020. We find that, the first issue raised by the assessee in the appeal filed before the Tribunal is, benchmarking of intra-group services provided by the AE in light of relevant agreement entered into with AE for provision of services. The Tribunal after considering the relevant submissions of the assessee and also considering various evidences including agreement between the parties and copy of the secondment agreement dated 01.04.2024 and also further evidences in respect of rendering of services, restored the issue back to the file of Assessing Officer/TPO for reconsideration of the issue in light of various evidences filed by the assessee. Therefore, in our considered view, there is no mistake apparent in the order of the Tribunal dated 25.09.2024 in ITA.TP.No.103/ Hyd./2020. The assessee canvassed through the present M.A. is to review the order of the Tribunal in the given facts of the present case which is not permissible under law. 4 MA.No.23/Hyd./2025 Therefore, we are of the considered view that, there is no merit in the application filed by the assessee seeking to recall the order of the Tribunal dated 25.09.2024 passed in ITA.TP.No.103/Hyd./2020 and thus, we dismiss the M.A. filed by the assessee. 5. In the result, M.A. of the Assessee is dismissed. Order pronounced in the open court on 25.04.2025. Sd/- Sd/- [RAVISH SOOD] [MANJUNATHA G] JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated 25th April, 2025 VBP Copy to 1. M/s. Toshiba Transmission & Distribution Systems (India) Private Ltd., Rudraram Village, Patancheru Mandal, Medak District, Hyderabad – 502 329. 2. The ACIT, Circle-8(1), Signature Towers, Kondapur, Hyderabad – 500 -084. 3. The Pr. CIT/DRP-1, Bengaluru. 4. The DR ITAT “A” Bench, Hyderabad. 5. Guard File. //By Order// //True Copy// "