9911796707
TMI Blog2023 (11) TMI 191X X X X Extracts X X X X X X X X Extracts X X X X ..... 15/12/2022, about date of sending the directions to AO. To this, an email reply was received from the ITO Headquarter, DRP 1, Western Zone, Mumbai that the DRP has passed the direction and uploaded the same in ITBA system on 26/5/2022. Therefore, apparently as soon as the order is uploaded on the ITBA website, the time limit of one month will start from the end of the month in which such directions are received/ uploaded. DR could not produce before us any evidence that on 26/5/2022, the directions of the DRP were not received by AO. Therefore, the time limit ends for passing the final order on 30/6/2022. However, the assessment order was passed on 31/7/2022 and therefore, it is barred by limitation. Appeal of assessee allowed. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come at Rs. Nil and having the gross total income of Rs. 53,58,65,908/ , which was claimed as a deduction under section 80IA of the Act. Later on, the return of income was revised on 29/3/2019 at the same income and claiming the whole of the income as deductible under section 80IA of the Act. The return of income was picked up for the scrutiny. 4. As the assessee has entered into international transactions in the nature of Fees for Technical Services, according to the Transfer Pricing Risk parameter, reference was made to the Transfer Pricing Officer on 15/11/2019. 5. The learned Transfer Pricing Officer noted that the assessee has entered into 12 different international transactions and has adopted the Transactional Net Margin Method ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he objections before the learned Dispute Resolution Panel were filed on 19/09/2021. The directions were issued by the learned DRP on 26/05/2022. The final assessment order under section 143 (3) read with section 144C is required to be passed within 30 days from the end of the month in which the directions are received. Accordingly, the final assessment order should have been passed only on or before 30/06/2022. In this case, the learned Assessing Officer has passed the final assessment order on 31/07/2022, therefore, the final assessment order passed by the learned Assessing Officer is barred by limitation and therefore, the same deserves to be quashed. He further referred to the email dated 3/2/2023 of the ITO - Headquarter DRP 1, Western ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pute Resolution Panel, as per letter dated 15/12/2022, about date of sending the directions to the Assessing Officer. To this, an email reply was received from the ITO Headquarter, DRP 1, Western Zone, Mumbai that the DRP has passed the direction and uploaded the same in ITBA system on 26/5/2022. Therefore, apparently as soon as the order is uploaded on the ITBA website, the time limit of one month will start from the end of the month in which such directions are received/ uploaded. The learned Departmental Representative could not produce before us any evidence that on 26/5/2022, the directions of the DRP were not received by the learned Assessing Officer. Therefore, the time limit ends for passing the final order on 30/6/2022. However, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
