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2020 (3) TMI 1453 - AT - Income TaxValidity of order passed by the TPO u/s 92CA(3) - Computation of period of limitation - no draft assessment order was to be issued in this case - HELD THAT:- The assessment order was framed in this case on 30th October 2018 but then there is no dispute that if no draft assessment order was to be issued in this case, the assessment would have been time barred on 31st December 2017. Once we hold that no draft assessment order could have been issued in this case, as the provisions of Section 144C(1) could not have been invoked in this case, the time limit of completion of assessment was available only upto 31st December 2017. The mere issuance of draft assessment order, when it was legally not required to be issued, cannot end up enhancing the time limit for completing the assessment under section 143(3). Accordingly, the assessment order passed by the Assessing Office must be held to be time barred. Assessee appeal allowed.
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