2025 (9) TMI 296

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....'Act' for short). 2. The grounds of Appeal are as under:- "GENERAL GROUNDS 1. On the facts and circumstances of the case and in law, the assessment order giving effect to Hon'ble ITAT's direction has been issued beyond the statutory timeline prescribed under Section 153(5) of the Act and consequently, the assessment order is invalid and time barred. 2. Without prejudice to other grounds, the Ld. AO has erred in incorrectly computing a tax demand of INR 1,38,22,160 in the final assessment order by not allowing set off of brought forward losses and unabsorbed depreciation. GROUNDS PERTAINING TO PAYMENT OF ROYALTY 3. Without prejudice to any of the other grounds, the Ld. AO/TPO/DR....

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....n'ble ITAT to decide on the grounds raised by the Appellant, as per law." 3. Brief facts of the case are that, originally the TPO passed an order u/s 92CA(3) of the Act on 29/07/2021 by suggesting to make adjustment in the arm's length Price of international transactions of the Assessee, wherein proposed for adjustment of Rs. 5,54,33,729/- in the manufacturing segment and Rs. 5,92,00,531/-on the payment of royalty. As against the order of the TPO dated 27/07/2021, Assessee filed objection before the Dispute Resolution Panel (DRP). The DRP granted relief to the Assessee in so far as manufacturing segment of Rs. 5,44,33,729/- and sustained the order of the TPO in so far as addition on account of payment of royalty of Rs. 5,92,00,531/-.....

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....ra, the Ld. Departmental Representative relying on the orders of the Lower Authorities, submitted that since the order has been passed after the remand order from the Tribunal, the limitation prescribed u/s 153(5) will not be applicable, thus sought for dismissal of the Appeal. 8. Heard the parties and perused the materials. During the first round of litigation before the Tribunal, the Assessee challenged the Final Assessment Order passed u/s 143(3) r.w. Section 144C(13) and 144B of the Act dated 30/03/2022 before the Tribunal in ITA No. 1005/Del/2022. The Co-ordinate Bench of the Tribunal after hearing both the parties,vide order dated 23/11/2023 set aside the Final Assessment Order dated 30/03/2022 and remanded the matter to the file o....

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....he relevant partition of the same are as under:- "13. Undisputedly, the learned ITAT had pronounced the order in open court on 24.02.2021 as is expressly set out in the said order. The order also indicates that the Revenue was duly represented by the departmental representative (Sh. Surender Pal, CIT). Thus, the timeline for passing an order under Section 153(5) of the Act commenced from 24.02.2021. 19. In view of the above settled position, there can be no dispute regarding the date of receipt of the order passed by the learned ITAT. Concededly, further proceedings by the TPO or by the AO pursuant to the remand by the learned ITAT are now barred as the time stipulated for passing an order under Section 153 of the Act has ....