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2017 (11) TMI 1373 - AT - Income TaxAssessment u/s 153A - Time limit for completion of assessments and reassessments - limitation period - date of limitation in terms of section 153 (2A) - whether the Assessing Officer was required to pass order within the limitation period as provided in section 153(2A) of the Act or in accordance with section 153(3) - Held that:- First of all, according to us, some noting on the copy of order of the Ld. DRP, appended by the assessee in appeal set, is not an evidence which could establish the date of receipt of the order by the Assessing Officer. This noting is contrary to the fact mentioned by the Assessing Officer himself in the assessment order that the learned TPO passed the order on 31/05/2017 pursuant to the direction of the Ld. DRP. It is the Assessing Officer, who was required to send order of the Ld. DRP to the Ld. TPO for re-computing the arm’s length price of the international transaction. Further, the Revenue has not brought on record any other evidence like dark register or copy of the order of the Ld. DRP bearing date and stamp of the office of the Ld. Assessing Officer, which could substantiate the claim of the Ld. CIT(DR) that the order of the Ld. DRP was received by the Assessing Officer on 05/06/2017. In absence of any such evidences, we are inclined to accept that the Assessing Officer received the order of the Ld. DRP before 31/05/2017 and therefore, he was required to pass the order before 30/06/2017. The impugned order passed by the Assessing Officer being beyond the period provided in section 144C(13) of the Act, and thus barred by limitation. Accordingly, it is liable to be set-aside. - Decided in favour of assessee.
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