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TMI Blog2024 (12) TMI 481X X X X Extracts X X X X X X X X Extracts X X X X ..... or to the date of limitation, therefore the order dated 01.11.2019 is barred by limitation and since the order of the Transfer Pricing Officer is non-est and since this foundation has been removed the final order passed by the Assessing Officer without the order of the Transfer Pricing Officer dated 26.02.2020 becomes barred by limitation. See Pfizer Healthcare India (P.) Ltd [ 2021 (2) TMI 1152 - MADRAS HIGH COURT] Section 153 states that no order of assessment shall be made at any time after the expiry of 21 months from the end of the assessment year in which the income was first assessable. The submission of the revenue is to the effect that limitation expires only on 12 am of 01.01.2020. However, this would mean that an order of assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Ld.CIT(A) is justified in deleting the adjustment on technical grounds rather than on merit? 3) Whether on the facts and circumstances, the Ld.CIT(A) erred in ignoring the Sec 9 of the General Clause Act, 1897 and settled principle of interpretation of Laws ? 4) Whether on the facts and circumstances of the case, the Ld.CIT(A) is justified in ignoring Sec. 92CA(3 ) which expressly provides for counting the last day i.e., 31.122019 and therefore for counting the 60 days the last day should have been taken into account and thus the order passed by the TPO dated 01.11.2019 is well within the time? 5) Whether on the facts and circumstances of the case, the Ld.CIT(A) is justified in interpreting the word 'may' u/s. 92CA(3A) as 'sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Officer framed under section 92CA(3A) of the Act which is 01.11.2019. The case of the assessee is that this order of the Transfer Pricing Officer is barred by limitation as it is not passed within 60 days from the date of the final assessment order which is 26.02.2020. Whereas the case of the revenue is that as per Section 9 of the General Clauses Act in computation of the time limit, the day referred to as from has to be excluded and the day referred to as to has to be included. Accordingly, the revenue s point is that the date of order is dated 01.11.2019 has to be taken as starting point of limitation and 60 days was computed from 01.11.2019 and rightly the same has to be excluded and the last day becomes 31.12.2019 has to be included ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. On identical set-of facts, the Hon ble Madras High Court in the case of Pfizer Healthcare India (P.) Ltd., v. JCIT [433 ITR 28] has held as under: - 30. Now, coming to the question of how the 60 day period is to be computed, the critical question would be whether the period of 60 days would be computed including the 31st of December or excluding it. Section 153 states that no order of assessment shall be made at any time after the expiry of 21 months from the end of the assessment year in which the income was first assessable. The submission of the revenue is to the effect that limitation expires only on 12 am of 01.01.2020. However, this would mean that an order of assessment can be passed at 12 a m on 01.01.2020, whereas, in my view, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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