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2023 (8) TMI 453 - AT - Income TaxValidity of order u/s 92CA(3A) - period of limitation - “eligible assessee” in terms of the definition provided in sub-section (15) to section 144C - time limit for completing the assessment as per section 153 - HELD THAT:- We find that the coordinate bench of the Tribunal in Mondelez India Foods (P.) Ltd. [2022 (11) TMI 1339 - ITAT MUMBAI] held that once the order of the TPO is beyond the period of limitation and thus is not a valid order, there is no “eligible assessee” in terms of the definition provided in sub-section (15) to section 144C of the Act. Further, it was held that if there is no eligible assessee, no reference to DRP could have been made. In the present case, the assessee does not qualify to be an “eligible assessee” as per section 144C(15)(b) of the Act. AO erred in assuming the jurisdiction u/s 144C(1) of the Act for passing the draft assessment order on 30/12/2019. Accordingly, the time limit for completing the assessment in the present case, as per section 153 of the Act, expired on 31/12/2019, after including the extended time period provided under section 153(4) as well as section 92CD(5)(b) - in the present case, the impugned final assessment order was passed by the AO on 06/04/2021, and therefore the same is also barred by limitation and is void ab initio. Accordingly, the impugned final assessment order passed on 06/04/2021, is quashed and the additional grounds raised by the assessee are allowed.
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