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2019 (5) TMI 1505 - AT - Income TaxScrutiny Assessment u/s 143(3) after direction of DRP u/s. 144C - TP Adjustment - time barred assessment - final assessment order has been passed after the end of one month from the date of receipt of the directions of the DRP - HELD THAT:- Provisions of section 144C(13) of the IT Act 1961 provides that the Assessing Officer is required to pass the final assessment order within 30 days from the end of the month in which the directions passed by the DRP is received by the A.O. However, in the present case, the order has been passed after the end of one month from the date of receipt of directions of the Ld. DRP by the A.O., he submitted that the A.O. received the directions of the Ld. DRP on June 17, 2010. The last date permissible under the Act to pass the final assessment order was accordingly July 30, 2010. However, the final assessment order was passed on August 27, 2010, which is beyond the limitation period stipulated under the Act. Thus, the order of the AO is voidab- initio, and liable to be quashed as the final assessment order is time barred. The final assessment order has been passed after the end of one month from the date of receipt of the directions of the DRP by the Assessing Officer. Therefore, order passed by the Assessing Officer is void ab initio and liable to be quashed as the final assessment order is time barred. Since the assessment records were not produced being not readily available, therefore, we give liberty to the revenue to file miscellaneous application for recalling of this order as per law in case the revenue is able to show that the dates given by the assessee on the basis of certified copies obtained from the department are contrary to facts on record. - Decided in favour of assessee.
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