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2023 (4) TMI 390 - MADRAS HIGH COURTAssessment u/s 143(3) r.w.s 144C - Period of limitation u/s 153 - Issuance of direction by the JCIT u/s 144A - time available to the TPO to pass an order of transfer pricing - HELD THAT:- The limitations set out under sub-section (3A) of Section 92CA are to be construed in the context of, and within the overall limitation provided for u/s 153. There is, in my considered view, no situation that is contemplated that would alter the limitation set out u/s 153 save the exclusions set out under Explanation-1 to Section 153 itself. The time limits set out under sub-section (3A) of Section 92CA are thus subject to the limitation prescribed under Section 153 that can, under no circumstances, be tampered with. If the argument of the revenue is to be accepted, the limitation set out u/s 153 would stand distorted, which is an incorrect understanding of the legal position. The second proviso to Explanation-1 of Section 153 is categoric in stating that period of limitation available to the Assessing Officer for making an order of assessment shall be extended to 60 days. The 60 days period, thus must run from the date of transfer pricing order to provide for the seamless completion of assessment. The transmission of a transfer pricing order from the TPO to the Assessing Officer is an internal administrative act and cannot impact statutory limitation, which is the exclusive prerogative of Section 153 alone. The issuance of the direction and the communication of such direction by the Joint Commissioner to the assessing officer to aid in the completion of assessment is expected to be within the overall limits provided for completion of assessment under Section 153 and Explanation (1) thereto and nowhere it is contemplated that such reference would extend the limitation. This situation is not a situation that finds reference in the situations set out in Explanation I to Section 153. So too in the present case. The impugned order of assessment is held to be barred by limitation and is set aside. This writ petition is allowed.
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