TMI Blog2022 (12) TMI 1222X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - ITA NO. 2142/MUM/2021 - - - Dated:- 26-12-2022 - SHRI VIKAS AWASTHY , JUDICIAL MEMBER And SHRI GAGAN GOYAL , ACCOUNTANT MEMBER Appellant by : Shri Nishant Thakkar Shri Hiten Chande Respondent by : Shri Vinod Tanwani ORDER PER VIKAS AWASTHY, JM : This appeal by the assessee is directed against the assessment order dated 30.09.2021 passed u/s. 147 r.w.s. 144B of the Income Tax Act, 1961 [in short the Act ], for the Assessment Year 2015-16. 2. Shri Nishant Thakkar appearing on behalf of the assessee submits at the outset that he would be making submissions only on the jurisdictional issue raised in Ground No. 10 of the appeal at this stage. In case the assessee succeeds on Ground No. 10, the other grounds would become academic. 3. Narrating the facts of the case the learned Authorised Representative of the assessee (ld. AR) submits that the impugned assessment order dated 30.09.2021 has been passed beyond the period of limitation, hence the same suffers from jurisdictional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e analysis: - Sr. No. Particulars Dates in SPEPL (ASSESSMENT YEAR 2015-16) Dates as per Shell India Order (ASSESSMENT YEAR 2016-17) 1 Notice for assessment 23.03.2018 (u/s. 148) 19.09.2019 [u/s. 143(2)] 2 Due date to pass the draft order 31.12.2019 [u/s. 153(2) r.w.s. 153(4)] 31.12.2019 [section 153(1) r.w.s. 153(4)] 3 Draft assessment order u/s. 144C(1) of the Act 23.12.2019 26.12.2019 4 Objections filed against draft order u/s. 144C(2) of the Act 21.01.2020 24.01.2020 5 Due date for DRP to pass the order as per section 144C(12) of the Act 30.09.2020 20.09.2020 6 Extension of due date u/s. 3 of TOLA, 2020 for DRP to issue directions 31.03.2021 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat we have to consider and decide in this petition are (a) whether the petitioner s case is covered under the Relaxation Act? And (b) whether the time to complete assessment u/s. 144C(13) in petitioner s case could be stated to have been extended till 30th September 2021? 9. The Hon'ble High Court after considering relevant provisions of Section 144C, provisions of TOLA, the circulars and notifications, viz. Notification No. 20/2021 dated 31.03.2021, Notification No. 38/2021 dated 27.04.2021 and Notification No. 74/2021 dated 25.06.2021 and the submissions of both the sides held as under: - 14. We are inclined to agree with the submissions made by Mr. Mistri. We would also add that there was no dispute that the Assessing Officer, but for the Relaxation Act and the notifications issued therein, had to complete the assessment under Section 144C(13) latest by 30th April 2021. 15. Sub-section (1) of Section 3 of the Relaxation Act extends the timelimit with respect to an act for which limitation falls between the period from 20th March 2020 to 31st December 2020. Since the directions of DRP were issued and received by Assessing Officer only on 20th March 2021, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment, therefore, in our view, the time-limit of 30th April 2021 not being on account of extension by earlier notification, Notification No.38/2021 is also inapplicable to petitioner s case. 18. Coming to Notification No.74/2021 issued on 25th June 2021, Clause (A) of the notification provides that where the specified Act is the Income-tax Act, and the completion of any action referred to in clause (a) of subsection (1) of Section 3 of the Relaxation Act, relates to passing of an order for assessment or re-assessment under the Act and the time limit for completion of such action under Section 153 or Section 153B thereof expires on 30th June 2021 due to its extension by earlier notifications, such time-limit shall further stand extended to 30th September 2021. There is no extension of time-limit under this notification for completion of assessment or passing of any order under Section 144C(13) of the Act. In our view, therefore, Notification No.74/2021 is also not applicable to the case at hand. 19. Even if we hold that the Relaxation Act was applicable to petitioner s case as well, still, the extension vide Notification No.74/2021 is applicable only to cases where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve expressly provided for it as it has provided in Notifications No.20/2021 and 38/2021. 23. Notification No.20/2021 and Notification No.38/2021 specifically referred to the time-limit for passing the final assessment order under Section 144C(13) of the Act. There is, however, no specific reference to the time-limit under Section 144C(13) of the Act in Notification No.74/2021. Therefore, it is clear that CBDT has not extended the time limit for passing any order under Section 144C(13) of the Act vide Notification No.74/2021 dated 25th June 2021, and hence, there is no extension of time-limit to 30th September 2021 to pass the order under Section 144C(13) of the Act. 10. Thus, the Hon ble 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 p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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