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Income Tax - Highlights / Catch Notes

Home Highlights February 2023 Year 2023 This

Validity of order u/s 92CA - time limit for passing of the TPO ...


Transfer Pricing Order Invalid Without Draft; Final Assessment Order Exceeds Time Limit u/s 153. AO Jurisdiction Lacks Basis.

February 28, 2023

Case Laws     Income Tax     AT

Validity of order u/s 92CA - time limit for passing of the TPO order - period of limitation - despite the fact that the reference made to the Ld. TPO is valid, in absence of a legally valid transfer pricing order and a valid draft assessment order, the Ld. AO cannot assume jurisdiction to proceed with the assessment under Section 144C of the Act and pass the consequential final assessment order. - the final assessment order passed is beyond the prescribed period of limitation u/s 153 - AT

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