Lubrizol Advanced Materials India (P.) Ltd. v. Assessment Unit (ITD) (2024) 204 ITD 130 (Mum) (Trib.)

S. 144C : Reference to dispute resolution panel-Final assessment order was passed by AO beyond period of one month from end of month in which direction of DRP was received-Assessment order was time-barred and void ad initio. [S. 144C(13)]

TPO proposed an upward adjustment to total income of assessee in respect of international transaction of marketing support services. DRP affirmed the order dt.  28-1-2022 but final assessment order was passed by Assessing Officer on 30-12-2022. On appeal the Tribunal held that  as per provisions of section 144C(13) ought to have been passed on or before 28-2-2022 hence the  assessment order was time-barred and void ab initio. (AY. 2017-18)

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