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2022 (9) TMI 527 - AT - Income TaxValidity of order u/s 143(3) r.w.s. 144C(13) - Reference to dispute resolution panel - Period of limitation - Whether timeline for completion of original assessment pursuant to directions of DRP shall not be governed by provision section 153 ? - HELD THAT:- In the recent case of CIT v Roca Bathroom Products (P.) Ltd. [2022 (6) TMI 848 - MADRAS HIGH COURT] the High Court held that sections 144C and 153 are mutually inclusive and not mutually exclusive as both contain provisions relating to section 92CA and are interdependent and overlapping and hence, period of limitation prescribed under section 153(2A) or 153(3) is applicable and when matters are remanded back irrespective of whether it is to Assessing Officer or TPO or DRP, duty is on Assessing Officer to pass orders. The High Court held that even in case of remand, TPO/DRP have to follow time limits as provided under Act and entire proceedings including hearing and directions have to be issued by DRP within 9 months as contemplated under section 144C(12) and thereafter, Assessing Officer is to pass orders within stipulated time. The assessing officer was required to pass order within 9 months from the end of the financial year in which the order was received by the Principal Commissioner of Income Tax i.e. 31st December 2018. Hence, the present order dated 15-03-2019 passed by Ld. DCIT is barred by limitation and hence liable to be set aside. Hence, the appeal of the assessee is allowed on the ground of jurisdiction.
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