2019 (1) TMI 1898

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....ctions filed by the assessee were heard together and are being disposed of by this consolidated order for the sake of convenience. 3. The Cross Objections filed by assessee are after delay of 148 days. The assessee has moved petition for condonation of delay and has explained the reason for the aforesaid delay. In the facts and circumstances, the delay in filing Cross Objections late, is condoned. 4. The issue raised in Cross Objections affects the jurisdiction of Assessing Officer in passing assessment order and hence, the same needs to be adjudicated first. 5. The ground of objection No.1 reads as under:- 1. On the facts and in the circumstances of the case and in law, the Learned Deputy Commissioner of Income Tax, Circle 4, Pune ('A....

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....he assessment order passed on 17.06.2013 was time barred. The said proposition made by learned Authorized Representative for the assessee was confronted to the learned Departmental Representative for the Revenue, who sought time to get the report from the Assessing Officer. In reply, the Assessing Officer has vide letter dated 24.10.2018 reported that since the TPO had not made any variation to the income or loss returned, which was prejudicial to the interest of assessee, the time barring date to pass the assessment order was by 31.03.2013. The said letter was forwarded to JCIT, who in his communication dated 24.10.2018 has pointed out the said facts but has also said that final order passed by the Assessing Officer was verbatim of draft a....

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....r in which the income was first assessable. The said provisions at the relevant time were applicable and in case assessment had to be made under section 143(3)/144 of the Act, then the time limit prescribed was two years from the end of assessment order i.e. by 31.03.2012. This is the case when no transfer pricing adjustment was made in the hands of assessee. Sub-section (4) to section 153 of the Act further lays down that where reference was made under section 92CA(1) of the Act during the course of proceedings for assessment / re-assessment, then the period available for completion of assessment or re-assessment, as the case may be, shall be extended by 12 months. In other words, in case reference is made under section 92CA(1) of the Act,....

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....ssing the order which are not relevant for deciding the issue before us. 13. Section 144C(15)(b) of the Act defines 'eligible assessee' to be a person in whose case variation referred to in sub-section (1) arises as a consequence of order of TPO under section 92CA(3) of the Act and any foreign company. In other words, provisions of section 144C of the Act are attracted where in the case of any reference, any variation is proposed by the TPO under section 92CA(3) of the Act or in the case of any foreign company. It may be pointed out herein itself that the assessee is not eligible assessee; admittedly, it is not a foreign company and also no addition has been proposed by the TPO. Hence, provisions of section 144C of the Act are not attracte....