Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nIncome Tax Appellate Tribunal - Mumbai\nNational E-Assessment Centre/ Dy ... vs L' Oreal India P. Ltd., Mumbai on 12 June, 2023\n               IN THE INCOME TAX APPELLATE TRIBUNAL\n                        MUMBAI 'K' BENCH, MUMBAI.\n\n       Before Shri B.R. Baskaran (AM) & Shri Rahul Chaudhary (JM)\n\n                          M.A. No. 60/Mum/2023\n                 I.T.A. No. 1198/Mum/2021 (A.Y. 2016-17)\n\n           DCIT-7(1)(1)         Vs. M/s. L'Oreal India Pvt. Ltd.\n           Room No. 126              A Wing, 8th Floor\n           1st Floor                 Marathon Futurex, N.M.\n           Aayakar Bhavan            Joshi Marg, Lower Parel\n           M.K. Road                 Mumbai-400 013.\n           Mumbai-400 020.\n                                     PAN : AAACL0738K\n           (Appellant)               (Respondent)\n\n           Assessee by               Shri Niraj Sheth\n           Department by             Ms. Nayana Krishnakumar\n           Date of Hearing           21.04.2023\n           Date of Pronouncement     12.06.2023\n\n                                 ORDER\nPer B.R.Baskaran (AM) :-\n\n     The Revenue has filed this Miscellaneous Application submitting that\nthere is mistake apparent from record in the order dated 29.6.2022 passed in\nITA No. 1198/Mum/2021.\n2.   Learned DR submitted that the Tribunal has adjudicated the issue\nrelating to the primary adjustment and secondary adjustment done under\ntransfer pricing provisions in respect of "Advertisement, Marketing and\nPromotional" (AMP) expenses. The Tribunal in this regard followed the\ndecision rendered by the Coordinate Bench in assessee's own case in A.Y.\n2015-16. The Learned DR submitted that the Tribunal in A.Y. 2015-16 has\ndeleted the primary adjustment and restored the secondary adjustment to\nthe file of the Assessing Officer/TPO. However, the Tribunal in the instant\nyear, has deleted the secondary adjustment also, which is contrary to the\ndecision rendered in A.Y. 2015-16. Accordingly, learned DR submitted that\n                                         2\n                                                              M/s. L'Oreal India Pvt. Ltd.\n\nthe Revenue has filed this Miscellaneous Application seeking correction of the\nabove said error.\n\n3.       The Learned AR agreed with the submissions made by learned DR. He\nsubmitted that the decision on this issue has been rendered by the Tribunal\nin paragraph No. 7 of its order on this issue.      He submitted that there is\ntypographical error in that paragraph, i.e., the decision on the primary\nadjustment was given for both AY 2016-17 and 2017-18. However, the AY\n2017-18 was omitted to be mentioned in the said paragraph. Accordingly, he\nprayed that the said typographical error may also be corrected.\n\n4.       Having heard the rival submission, we agree with the submissions of\nthe revenue that there is mistake apparent from record, since the issue of\nsecondary adjustment has been restored to the file of AO/TPO in the earlier\nyears.     Accordingly paragraph No. 7 in the order dated 29.6.2022 is\nsubstituted with the following paragraph:-\n\n     "7.      We noticed that the Coordinate Benches are consistently taking\n     the view that the primary adjustment made in the hands of the\n     assessee in respect of AMP expenses are not sustainable. With regard to\n     the secondary adjustment, it is noticed that co-ordinate benches have\n     restored the same to the file of the Assessing Officer/TPO in A.Y. 2014-\n     15 & 2015-16 with certain directions. Since there is no change in the\n     facts, following the decisions rendered by the Coordinate Benches in the\n     earlier years in assessee's own case, we direct the Assessing Officer to\n     delete the primary transfer pricing adjustment made in respect of AMP\n     expenses both in A.Y. 2016-17 and 2017-18. The secondary adjustment\n     made in A.Y. 2016-17 is restored to the file of the Assessing Officer with\n     the similar directions as given by the Tribunal in A.Y. 2014-15."\n                                         3\n                                                              M/s. L'Oreal India Pvt. Ltd.\n\n5.        In the result, Miscellaneous Application filed by the Revenue is\nallowed.\n\n               Pronounced in the open court on 12.6.2023.\n\n                       Sd/-                                   Sd/-\n                (RAHUL CHAUDHARY)                      (B.R. BASKARAN)\n                 Judicial Member                      Accountant Member\n\nMumbai; Dated : 12/06/2023\n\nCopy of the Order forwarded to :\n\n     1.   The Appellant\n     2.   The Respondent\n     3.   The CIT(Judicial)\n     4.   PCIT\n     5.   DR, ITAT, Mumbai\n     6.   Guard File.\n\n                                                         BY ORDER,\n                 //True Copy//\n\n                                                     (Assistant Registrar)\nPS                                                      ITAT, Mumbai