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2023 (8) TMI 668 - ITAT CHENNAIValidity of proceedings u/s 92CA(3A) - period of limitation - Procedural irregularity and breach of time limit for completion of proceedings - TP order passed which is beyond the timeline for completion of proceedings u/s 92CA(3A) - HELD THAT:- As for the assessment year 2016-17, the TPO has passed order u/s. 92CA of the Act, on 01.11.2019. As per provisions of section 153(1) & 153(4) of the Act, the period of 60 days prior thereto would run till 01st November, 2019 and any order passed prior to that date would mean 31st October, 2019 or before. Since, the order was passed on 01.11.2019, the same would be barred by limitation, as held by the Hon’ble Madras High Court in the case of M/s. Pfizer Healthcare [2021 (2) TMI 1152 - MADRAS HIGH COURT] In this case, the TPO has passed their order on 01.11.2019 and assessment year involved is AY 2016-17. In our considered view, the case is squarely covered by the decision of ITAT Chennai Benches in the case of M/s. Verizon Data Services India Pvt. Ltd. [2023 (3) TMI 190 - ITAT CHENNAI] Thus, we quashed order passed by the TPO and consequent draft assessment order passed by the AO, directions issued by the DRP and final assessment order passed by the AO. A similar view has been taken in the case of M/s. Verizon Data Services India Pvt Ltd. [2023 (3) TMI 190 - ITAT CHENNAI] where the Tribunal by following the decision of Pfizer Healthcare India Pvt Ltd & Ors. (Supra), held that final assessment order passed after 31st October is beyond limitation as prescribed u/s. 153(4) of the Act. Thus the final assessment order passed by the AO u/s. 143(3) r.w.s. 143C(13) of the Act on 01.11.2019 is clearly bad by limitation and liable to the quashed and thus, we quashed final assessment order passed by the AO. Decided in favour of assessee.
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