2014 (12) TMI 879 - AT - Income Tax

Assessment order invalidated for exceeding time limit under Income-tax Act

M/s. Envestnet Asset Management (India) Private Limited Versus The Asst. Commissioner of Income-tax

M/s. Envestnet Asset Management (India) Private Limited Versus The Asst. Commissioner of Income-tax - TMI Issues:1. Timeliness of assessment order in conformity with DRP direction.Analysis:The appeal before the Tribunal arose from a transfer pricing adjustment made by the Assessing Officer following the DRP's direction. The Counsel for the assessee argued that the assessment order was time-barred as per section 144C(13) since it was passed after the stipulated deadline. The DR, on the other hand, contended that the order was within the time limit specified in section 144C. The Tribunal examined the provisions of the Income-tax Act related to passing assessment orders and transfer pricing adjustments.The Tribunal noted that section 153 of the Income-tax Act provides a three-year limitation for passing assessment orders from the end of the assessment year in which the income was first assessable. Additionally, section 144C(13) mandates the Assessing Officer to complete the assessment within one month from the end of the month in which the DRP's direction is received. The Tribunal emphasized the importance of harmoniously interpreting conflicting provisions of the Act.Regarding the specific case, the Tribunal found that the assessment order passed on 28.03.2014 exceeded the time limit prescribed under section 153, which expired on 31.03.2013. The Tribunal then analyzed the content of section 144C(13) and highlighted that the Assessing Officer must adhere to the one-month deadline from the receipt of the DRP's direction. The Tribunal scrutinized the Assessing Officer's claim of not recording the date of receipt of the DRP's direction and emphasized the mandatory requirement to maintain proper records for timely assessment orders.Ultimately, the Tribunal concluded that the assessment order dated 28.03.2014 was beyond the extended period of limitation provided in section 144C(13), rendering it invalid in the eyes of the law. Consequently, the Tribunal allowed the assessee's appeal and quashed the impugned assessment order passed by the Assessing Officer.In summary, the Tribunal's detailed analysis focused on the timeliness of the assessment order in line with the DRP's direction, highlighting the statutory provisions governing assessment timelines and the necessity for strict adherence to procedural requirements to ensure the validity of assessment orders.