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2022 (12) TMI 1222 - AT - Income TaxAssessment u/s. 144C(13) - time limit for completion of the assessment order u/s. 144C(13) - DR submitted that the assessment order has been passed by the AO within the period of limitation as extended by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA) - since the entire proceedings before the DRP and thereafter were carried out during Covid-19 pandemic the relaxation allowed by the Special Act TOLA would apply to the assessment order passed in pursuant to the directions of the DRP? - HELD THAT:- As decided in the case of Shell India Markets (P.) Ltd. [2022 (2) TMI 1149 - BOMBAY HIGH COURT] concluded that the time limit for completion of the assessment order u/s. 144C(13) of the Act was upto 30.04.2021. The relaxation under TOLA would not be applicable to the assessment orders passed in consequence to the DRP directions received by the Assessing Officer on 20.03.2021. The assessment order passed on 30.09.2021 was time barred. Similar are the facts in the present case. Therefore, we have no hesitation in holding that the assessment order dated 30.09.2021 in the present case is barred by limitation and is without jurisdiction. The assessee succeeds on ground of the appeal.
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