Allowing the appeal of the assessee the Tribunal held that rectification order passed by the TPO with regard to rectification of certain discrepancies in his order, intending to make adjustment on account of AMP expenses in garb of amending his own order, since order of Tribunal was binding on revenue, he could not initiate fresh assessment proceedings. Rectification order was quashed. (AY. 2011-12)
Nikon India (P.) Ltd. v. DCIT (2021) 188 ITD 26 (Delhi)(Trib.)
S. 154 : Rectification of mistake-Transfer pricing-Adjustment-Order of Tribunal is binding on the Assessing Officer-Rectification of order to make adjustment is beyond jurisdiction and bad in law. [S. 92C]