S. 144C : Reference to dispute resolution panel-Rectification application by TPO-Rectification order by DRP-Not maintainable. [S. 144C(14), 154]
As a plain and careful reading of rule 13 makes it unambiguous, the rectification powers, under rule 13, by the Dispute Resolution Panel can be exercised only in one of the three circumstances – namely, (a) suo motu, i.e., on its own by the DRP; (b) on an application made by the eligible assessee, or (c) on an application made by the Assessing Officer. The scheme of rule 13 does not visualize any rectification of mistake, by the Dispute Resolution Panel, on an application by the Transfer Pricing Officer. Therefore, the application filed by the Transfer Pricing Officer before the Dispute Resolution Panel, irrespective of its nomenclature, was liable to be dismissed. (ITA No. 1353/Mum/2021 dated June 27, 2022) (Bench ‘J’ )(AY. 2016 -17)
Shapoorji Pallonji Bumi Armada Pvt. Ltd. v. ACIT (Mum.)(Trib.) www.itatonline.org
[Coram: Hon’ble Shri Pramod Kumar (Vice President) and Hon’ble Shri Sandeep S. Karhail (Judicial Member)]