Assessee filed its return for AY 2016-17 and TPO passed an order on 1-11-2019. The assessee filed a writ petition challenging the TPO order passed under section 92CA(3) being barred by limitation by one day. Limitation under section 153 expired on 31-12-2019 and period of 60 days prior to the last date on which period of limitation referred to in section 153 for making assessment expires is 1-11-2019 and hence ‘any date prior thereto’ would mean 31-10-2019 or before and thus the impugned order is held to be barred by limitation. Accordingly the order passed on 1-11-2019 were barred by limitation. (AY.2016-17) (SJ)
Pfizer Healthcare India (P.) Ltd. v. JCIT (2021) 433 ITR 28 / 201 DTR 367 / 320 CTR 812 / 124 taxmann.com 536 (Mad.)(HC).Editorial: Affirmed by Division Bench, DCIT (TP)v. Saint Gobain India Pvt. Ltd. (2022) 444 ITR 636 (Mad) (HC)
S. 92CA : Reference to transfer pricing officer-Transfer pricing-Arm’s length price-Limitation-Order passed by TPO on 1-10-2019 for barred by limitation by one day. [S. 92CA(3), 92CA(3A), 144C, 153, Art. 226]