TMI Blog2023 (4) TMI 474X X X X Extracts X X X X X X X X Extracts X X X X ..... lp the case of the revenue. If the order passed by TPO is held to be passed beyond prescribed time limit, the assessee does not remain an ' eligible assessee' as per section 144C(15) (b) a nd hence the extended time of 12 months is also not available ? - Even the regular assessment order passed by AO u/s 143(3) under challenge in this appeal also becomes barred by limitation. This is held by the decision of the co-ordinate bench in ATOS India Pvt. Ltd. [ 2023 (2) TMI 1112 - ITAT MUMBAI] we hold that the assessment order passed by the learned Assessing Officer under Section 143(3) read with section 144C (13) of the Act dated 15th February, 2016 is also not sustainable. Assessee appeal allowed. - ITA No. 3488/Mum/2016 ITA No. 1977/Mum/2017 ITA No. 75/Mum/2018 ITA No. 2799/Mum/2016 - - - Dated:- 11-4-2023 - SHRI PRASHANT MAHARISHI, AM AND SHRI KULDIP SINGH, JM For the Assessee : Shri Madhur Agrawal, Shri Vasishth Dave, ARs For the Revenue : Dr. Yogesh Kamat, CIT DR ORDER PER PRASHANT MAHARISHI, AM: 01. ITA No.3488/Mum/2016 is filed by Colgate Palmolive (India) Ltd. (assessee / appellant) for A.Y. 2011-12 against the assessment order passed unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be admitted. 04. The learned Departmental Representative vehemently objected to the same. 05. We have carefully perused the application of the assessee for admission of the additional ground. The additional ground raised by the assessee are as under:- 7. Transfer pricing order passed by the Learned TPO dated 30 January 2015 is barred by limitation a. On the facts and in the circumstances of the case and in law, the order dated 30 January 2015 passed by the Learned Joint Commissioner of Income Tax - Transfer Pricing 2(3) under section 92CA of the Income-tax Act, 1961 ('Act) is beyond the time limit prescribed under section 92CA (3A) r.w.s 153 of the Act, thus making the TP order illegal, bad in law, null and void and liable to be quashed. b. On the facts and in the circumstances of the case and in law, the TP order being illegal and void on account of being barred by limitation in terms of section 92CA (3A) r.w.s 153 of the Act, the action of the AO in passing the draft assessment order by invoking section 144C of the Act is without jurisdiction and thus all proceedings consequent to the draft assessment order are also illegal and bad in law and liable to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that revenue has not accepted the verdict of the writ in case of Pfizer healthcare India private limited and has filed writ petition before the division bench of the Madras High Court against the same. Without prejudice it was also submitted that even if the limitation is to be accounted for passing the order under section 92CA (3) then also the learned assessing officer was left with 60 days to complete the assessment even if the TPO order was passed on 30/1/2015 as there would be one day left in January, 28 days available in February and 31 days are available in March, thus a period of 60 days was available to the AO. 09. We have carefully considered the rival contentions and perused the orders of the lower authorities. Provisions of section 92 CA (3A) prescribes the date for passing an order u/s 92 CA (3) as any time before 60 days prior to the date on which the period of limitation referred to in section 153, expires. According to the provisions of section 153 (1) read with section 153 (4), the time limit for passing of the order under section 153 is available up to 31/3/2015. Thus the time limit for passing order under section 92CA (3) expires on or before 29/1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment order passed by the learned Assessing Officer under Section 143(3) read with section 144C (13) of the Act dated 15th February, 2016 is also not sustainable. 012. In view of the above facts, without adjudicating on the other grounds of appeal of the assessee and the learned Assessing Officer, we quash the assessment order. Thus, the appeal of the learned Assessing Officer is dismissed and the appeal of the assessee is allowed on the additional grounds filed. 013. Accordingly, appeals of the parties for A.Y. 2011-12 are disposed off. 014. For assessment year 2012 13, in ITA number 1977/M/2017 filed by the assessee against the assessment order passed under section 143 (3) read with section 144C (13) of the income tax act 1961 dated 16/1/2017. 015. The fact in this case shows that return of income was filed by the assessee on 29/11/2012 at a total income of ₹ 3,945,111,900/ . For determination of the arm's-length price of international transaction, the learned transfer pricing officer passed the order under section 92CA (3) of the act on 31/1/2016. The draft assessment order was passed on 31/3/2016. On objections before the learned dispute resolut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee for assessment year 2012 13 is allowed. 018. Now we come to appeal of the assessee in ITA number 75/M/2018 for assessment year 2013 14 filed against the assessment order passed under section 143 (3) read with section 144C (13) of the income tax act 1961 on 31/10/2017 by the learned assistant Commissioner of income tax 15 (1) (2), Mumbai (the learned AO) on return of income filed by the assessee on 29/11/2013 declaring a total income of ₹ 4,672,811,070/ . 019. For this year, assessee has filed an additional ground raising identical issue raised in assessment year 2011 12 and 2012 13 stating that the assessment order passed by the learned assessing officer is barred by limitation as the transfer pricing officer has not passed the order within the time limit prescribed and therefore assessee is not an eligible assessee. Therefore, the whole assessment is time barred. 020. In this case, as assessee has entered into international transaction, the reference was made to the learned transfer-pricing officer to determine the arm's-length price. The learned transfer pricing officer passed an order under section 92CA (3) of the act on 1/11/2016. Based ..... X X X X Extracts X X X X X X X X Extracts X X X X
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