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2019 (1) TMI 1898 - ITAT PUNEValidity of assessment order passed u/s 143(3) - order made beyond the time limit specified under section 153(1) - as prayed that the said assessment order being time barred ought to be held as bad in law, liable to be quashed - AO made reference under section 92CA(1) to the Transfer Pricing Officer (TPO), who passed an order dated 08.10.2012 proposing no adjustment to the value of international transactions declared by assessee - whether the final assessment order passed in the case of assessee is time barred or has been passed within time available to the Assessing Officer? - HELD THAT:- In case reference is made under section 92CA(1) of the Act, then the Assessing Officer is empowered to pass order under section 143(3) r.w.s. 92CA(3) of the Act within period of three years i.e. upto 31.03.2013 for the captioned assessment year. In the facts of case, where no addition was proposed by the TPO under section 92CA(3) of the Act and since there was reference made to the TPO, assessment order had to be passed within extended period of 12 months i.e. ending by 31.03.2013. However, the assessment order has been passed on 17.06.2013, hence the same is time barred. We find no merit in the objections raised by Revenue that since draft assessment order was passed on 28.03.2013, there is nothing prejudicial to the interest of assessee. It is not draft assessment order but the final assessment order, which completes the proceedings against the assessee and there is no merit in the objections so raised. It may also be pointed out that the Assessing Officer in all fairness has in the letter dated 24.10.2018 accepted that the time barring date to pass assessment order was 31.03.2013. Since the Assessing Officer has failed to do so, we hold that final assessment order passed on 17.06.2013 is both null and void in law. Consequently, the assessment made in the case of assessee is directed to be set aside. The jurisdictional issue raised vide ground of objection No.1 is thus, allowed.
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