Tribunal admitted the additional ground on limitation raise for the first time before the Appellate Tribunal. Allowing the appeal held that under sub-section (3A) of section 92CA inserted with effect from June 1, 2007 the time-limit for the Transfer Pricing Officer to pass the order was within a period of 60 days prior to the date of completion of assessment under section 153, which was 21 months. The assessment order in the assessee’s case was passed on March 31, 2013 and the Transfer Pricing Officer was required to pass his order within 60 days prior to expiration of the period of limitation given in section 153. The 60 days was to be computed by excluding the date of passing of the order. As a result, the Transfer Pricing Officer was required to pass the order by January 29, 2013; however, the order was passed on January 31, 2013, beyond the limitation date. Thus the Transfer Pricing Officer’s order was barred by limitation. Consequently, the additions made by the Transfer Pricing Officer on account of transfer pricing adjustment were not sustainable. The assessment order under section 143(3) passed by the Assessing Officer being within time, stood, except for the additions proposed by the Transfer Pricing Officer. (AY.2009-10)