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2023 (4) TMI 1240 - AT - Income TaxValidity of order passed by the TPO u/s 92CA(3) - Period of limitation - HELD THAT:- After taking into consideration the material placed on record it is undisputed fact that transfer pricing officer has passed order u/s 92CA(3) on 30.01.2013 whereas the limitation for passing the said order u/s 92CA(3) expires on 29.01.2013. Therefore, taking into consideration the provision of the Act and decision of PFIZER HEALTHCARE INDIA (P.) LTD [2021 (2) TMI 1152 - MADRAS HIGH COURT] in the cases referred supra the order u/s 92CA(3) of the Act is time barred by 1 day. The order of the TPO and draft assessment order are barred by limitation, therefore, resulting in assessee not being a eligible assessee u/s 144C(15)(b)(i) of the Act. Consequently, the final assessment was also bad in law - Decided in favour of assessee.
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