Transfer pricing comparability: one support-services company accepted, government-owned and facility-management comparables excluded, forex loss claim...
The ITAT Delhi held that the assessment u/s 144C(13) was time-barred, questioning the legality of the final assessment order. Referring to the case of GS Chatha Rice Mills, the crucial fact for the appeal was the date of uploading the DRP order onto the ITBA portal, which was unambiguously shown as 27th April 2022 in the intimation letter. All other submissions by the Respondents were considered, but the date of uploading the DRP order was deemed critical. As per section 144C(13), the assessment had to be completed by 31st May 2022, but in this case, it was finalized on 30th June 2022, making it time-barred and null. Consequently, the impugned assessment order dated 30th June 2022 was set aside as being barred by limitation, and the appeal of the assessee was allowed.
The ITAT Delhi held that the assessment u/s 144C(13) was time-barred, questioning the legality of the final assessment order. Referring to the case of GS Chatha Rice Mills, the crucial fact for the appeal was the date of uploading the DRP order onto the ITBA portal, which was unambiguously shown as 27th April 2022 in the intimation letter. All other submissions by the Respondents were considered, but the date of uploading the DRP order was deemed critical. As per section 144C(13), the assessment had to be completed by 31st May 2022, but in this case, it was finalized on 30th June 2022, making it time-barred and null. Consequently, the impugned assessment order dated 30th June 2022 was set aside as being barred by limitation, and the appeal of the assessee was allowed.
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