The case was selected for scrutiny assessment. The AO made reference to Transfer Pricing Officer u/s. 92CA(1) of the Act. The Transfer Pricing Officer proposed a transfer pricing adjustment of Rs. 153.24 crores on.11.2019, which was adopted by the Assessing Officer in his draft order on 30.12.2019. The assessee filed objections before DRP and pursuant to it the assessment was completed vide order dated 6.4.2021 passed u/s. 143(3) r.w.s. 143(3A) and (3B) of the Act. The validity assessment was challenged before the Tribunal by filing additional grounds of appeal for the reason that although the due date for passing the order under section 92CA(3) of the Act expired on October 31, 2019, the Transfer Pricing Officer passed the order on December 1, 2019. It was contended that once the order of the Transfer Pricing Officer is beyond the period of limitation and thus is not a valid order, there is no “eligible assessee” in terms of the definition provided in sub-section (15) to section 144C of the Act. If there is no eligible assessee, no reference to the Dispute Resolution Panel could have been made. Therefore, in view of the above, in the present case, the assessee does not qualify to be an “eligible assessee” as per section 144C(15)(b) of the Act. Hence, it was held that the Assessing Officer erred in assuming the jurisdiction under section 144C(1) of the Act for passing the draft assessment order on 31.12.2019 Accordingly, the time-limit for completing the assessment in the present case, as per section 153 of the Act, expired on 31.12.2019, after including the extended time period provided under section 153(4) as well as section 92CD(5)(b) of the Act. Thus, the impugned final assessment order was passed by the Assessing Officer on 6.4.2021 was held to be barred by limitation and void ab initio.(AY. 2015-16, 2016-17)
Siemens Ltd. v. Dy. CIT (2024) 112 ITR 248 (Mum)(Trib.)
S. 144C : Reference to dispute resolution panel-Not an eligible assessee-Assessment-Limitation-Assessment order is bad in law-Additional ground is allowed.[S.92CA(3A), 144C(15)(b), 153 (4) 254(1)]