9911796707
TMI Blog2024 (5) TMI 1116X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 8.4.2022 and the order dated 12.05.2022 passed by the Ld. Transfer Pricing Officer (herein after referred as "Learned TPO") to give effect to the directions of Hon'ble DRP. 2. Brief facts of case are that appellant / assessee filed return of income on 26.11.2018 declaring total income of Rs. 5,99,49,450/-. The case was selected for scrutiny through CASS for complete scrutiny. The case was transferred to the Regional Assessment unit for completing the assessment under the faceless assessment scheme 2019 on 13.10.2020. The notice under section 142(1) along with questionnaire was issued on 9.1.2020, 12.02.2021, 18.08.2021, 26.08.2021, 02.09.2021. During the course of assessment proceedings, as per Form 3CEB filed by the assessee for the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith provisions of section 144C of the Act." To challenge final assessment order so passed on the pivotal issue that such order is vitiated in law owing to bar of limitation and thus non est in law at the threshold. Judgment dated 19.3.2024 in case of Nikon India Private Ltd. vs. ACIT for the assessment year 2018-19 by ITAT Delhi Benches is fully applicable to present case. 5. The Hon'ble High Court of Delhi in case of PCIT vs. Fiberhome India P. Ltd. (ITA 91/2025 judgment dated 05.02.2024) has held that the time lines as provided under section 144C(13) are mandatory in character. The judgment squarely supports the case of the Assessee. The Hon'ble Delhi High Court in the case of Louis Drefus company India Private Limited vs. DCIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs available on ITBA is enclosed as Annexure-1). II. The DRP's directions were circulated vide file no. ITBA / DRP / M / 144C(5) / 2022-23 / 1042874382(1) dated 25.04.2022 and a copy has been sent to CIT(TP)-2, New Delhi, DCIT (TP)-2(1)(1), NeAC, New Delhi, and the assessee. DRP's directions were physically received by NeAC, New Delhi on 06.05.2022 (copy of the receipt by NeAC is enclosed as Annexure-2). III. The DRP's directions were uploaded manually on ITBA systems and sent on ITBA systems by DC/ACIT (NeAC)-2(1)(1), New Delhi to Circle-10(1), New Delhi on 18.05.2022 (kindly refer to page 19 of case history notings)." 10. Intimation letter for order under section 144C(5) dated 27.4.2022 in order dated 19.3.2024 in Nikon India Private ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at dispatch from the side of the Id DRP is complete and since the entire documents are uploaded through electronic mode, the same happens seamlessly and accordingly, the receipt of the said document also becomes instantaneously. Hence, the date of receipt of DRP direction also happened on 07.04.2022 itself and the due date in terms of section 144C(13) would start reckoning from that date. Merely, because the NeAC had retained the document receipt from Id DRP in the form of DRP directions for few months in its kitty and the later transfer the same to the assessment unit on 02.05.2022, the due date in terms of section 144C(13) of the Act for framing the final assessment order by the Id AO does not get automatically extended. Hence, we have no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pugned judgment and order passed by the High Court and considering the fact that the Assessment Order was passed without issuing a show cause notice with a draft Assessment Order, as was mandatorily required, under Section 1448 of the Act, as such, it cannot be said that the High Court has committed any error. However, at the same time, considering the fact that the Faceless Assessment Scheme has been introduced recently and therefore, the Revenue ought to have been given some leverage to correct themselves and take corrective measures and therefore the High Court ought to have remanded the matter to the Assessment Officer to pass a fresh order in accordance with law, after following the due procedure, as required under the law, namely, mor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ime of uploading by DRP of DRP order onto ITBA portal. Intimation letter to DRP order unambiguously shows 27th April 2022 as date of uploading of DRP order. This fact cannot be disputed. Except this critical and relevant information everything else (like when order is visible to AO, date of uploading some document by DCIT/ACIT circle 2 (1) (1) Delhi) has been submitted by Respondents. It is fair to conclude that date of uploading DRP order on ITBA portal is 27.04.2022. As per section 144C(13) of the Act, assessment had to be completed on or before 31.05.2022. In present case the assessment is completed only on 30.6.2022 i.e., it is time barred null and void. Therefore, impugned assessment order dated 30.06.2022 is set aside being barred by ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
