Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
Unified Brand India framework introduces voluntary Trust Mark certification and funding support for export branding, packaging and global promotional ...
The Tribunal held that the assessment order passed by the Assessing Officer was barred by limitation and quashed it. As per Section 144C(13) read with Section 143(3), the Assessing Officer is required to give effect to the directions of the Dispute Resolution Panel (DRP) within one month from the end of the month in which such directions are received. In the instant case, the DRP's directions were received by the Assessing Officer on 03/10/2018, and the last date for passing the assessment order was 30/11/2018. However, the Assessing Officer passed the assessment order on 06/12/2018, which was beyond the prescribed time limit. The Tribunal relied on the decisions in Envestnet Asset Management (India) (P.) Ltd. and Dentsply India (P.) Ltd., where similar assessment orders passed after the expiry of the time limit were set aside. Accordingly, the Tribunal quashed the assessment orders for the relevant assessment years, being barred by limitation.
The Tribunal held that the assessment order passed by the Assessing Officer was barred by limitation and quashed it. As per Section 144C(13) read with Section 143(3), the Assessing Officer is required to give effect to the directions of the Dispute Resolution Panel (DRP) within one month from the end of the month in which such directions are received. In the instant case, the DRP's directions were received by the Assessing Officer on 03/10/2018, and the last date for passing the assessment order was 30/11/2018. However, the Assessing Officer passed the assessment order on 06/12/2018, which was beyond the prescribed time limit. The Tribunal relied on the decisions in Envestnet Asset Management (India) (P.) Ltd. and Dentsply India (P.) Ltd., where similar assessment orders passed after the expiry of the time limit were set aside. Accordingly, the Tribunal quashed the assessment orders for the relevant assessment years, being barred by limitation.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
