2022 (4) TMI 21 - AT - Income Tax

Validity of order passed u/s 144C(13) - computation of total income and tax liability in the draft assessment order - HELD THAT - A perusal of the ITR acknowledgement exhibited shows that total income returned by the assessee - If the computation of tax liability in the draft assessment order is seen with the total income returned by the assessee, it clearly shows that the Assessing Officer did not intend to make any variation in the income of the assessee. Therefore, the assessment order should have been framed as per the provisions of section 153 r.w.s 143(3) of the Act, meaning thereby that the assessment order dated 29.09.2019 is barred by limitation. In light of the facts discussed hereinabove, we have no hesitation to hold that the assessment order is barred by limitation. Since we have held that the assessment order is barred by limitation, we do not find it necessary to dwell into the merits of the case.

Issues Involved:
1. Validity of the assessment order under section 143(3) read with section 144C(13) of the Income-tax Act, 1961 for Assessment Year 2016-17.
2. Taxability as per India-Cyprus tax treaty.
3. Granting interest under section 244A of the Act till the issuance of refund.

Validity of the Assessment Order:
The appeal challenged the assessment order under section 143(3) read with section 144C(13) of the Income-tax Act, 1961 for Assessment Year 2016-17. The appellant contended that no variation in the income returned was made in the assessment order, rendering it bad in law and void. Additionally, it was argued that the appellant was not an eligible assessee under section 144C(15)(b) as the Transfer Pricing Officer had not issued any order under section 92CA(3) of the Act. The Tribunal noted that the computation of total income and tax liability in the draft assessment order did not indicate any intended variation in the income of the assessee. Consequently, the assessment order was found to be barred by limitation under section 153 r.w.s 143(3) of the Act. Therefore, the Tribunal held that the assessment order was invalid due to being time-barred, and as a result, did not delve into the merits of the case.

Taxability as per India-Cyprus Tax Treaty:
The appellant contested the taxability as per the India-Cyprus tax treaty, specifically regarding the beneficial owner status for interest income and the eligibility for a reduced tax rate of 10% under Article 11(2) of the treaty. The appellant argued that it was entitled to the beneficial tax rate based on the treatment in the previous assessment year. The Tribunal did not address this issue in detail due to the finding that the assessment order was invalid. Therefore, the specific arguments related to the taxability under the treaty were not extensively discussed or decided upon.

Granting Interest under Section 244A of the Act:
The appellant raised the issue of interest not being granted under section 244A of the Act until the issuance of the refund. However, this issue was not elaborated upon in the Tribunal's decision as the assessment order was deemed invalid on the grounds of being time-barred. Consequently, the Tribunal did not provide a detailed analysis or ruling regarding the grant of interest under section 244A of the Act.

In conclusion, the Tribunal allowed the appeal of the assessee in ITA No. 8970/DEL/2019 on the basis that the assessment order was held to be barred by limitation and, therefore, invalid. The decision focused primarily on the procedural aspect of the assessment order's validity and did not extensively address the substantive issues raised by the appellant regarding taxability under the India-Cyprus tax treaty or the granting of interest under section 244A of the Act.

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