The petitioner challenged the direction issued by DRP on 28-2-2020 was barred by limitation. Allowing the petition the Court held that the order of the Appellate Tribunal received by the AO in 2016 remanding the matter to DRP. The limitation for passing the order expired on or before 31-3 2017. DRP passed the order on 28-2-2020. Accordingly, the direction and order passed by DRP on 28-2-2020 were barred by limitation. (AY. 2009-10)
Sanmina-SCI India (P) Ltd. v. Dy. CIT (2023) 459 ITR 487/ 290 Taxman 560 (Mad.)(HC)
S. 144C : Reference to dispute resolution panel-Transfer pricing-Limitation-Order of Appellate Tribunal received by the AO in 2016 remanding the matter to DRP-DRP passed the order on 28-2-2020-Limitation for passing the order expired on 31-3 207-Direction and order passed by DRP on 28-2-2020 was barred by limitation. [S. 92CA, 153, 254(1), Art. 226]