TaxTMI 
TaxTMI 
2025 (9) TMI 900
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....#39;Act' for short). 2. The Assessee raised several grounds of Appeal and also raised additional Ground No. 11 & 12. However, the Ld. Counsel restricted his argument only on Ground No. 11 & 12 which reads as under:- ""Ground 11: On the facts and circumstances of the case and in law, the Ld. TPO and Ld. AO have erred in passing the transfer pricing order under section 92CA(3) and draft assessment order under Section 144C in pursuance of the Hon'ble Tribunal's order under Section 254 beyond the maximum time limit prescribed under Section 153 of the Act and hence the subject orders are liable to be quashed/annulled as time barred "Ground 12: Without prejudice to any of the ground, the Ld. AO has erred by comple....
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....cation Order has also been passed by the TPO on 09/02/2021 by rectifying the said order dated 31/01/2021. 4. The Ld. A.O. passed a Draft Assessment Order on 15/07/2021 u/s 144C r.w. Section 143(3) r.w. Section 254 of the Act. The Assessee filed objection before the DRP in terms of Section 144C (2) of the Act on 31/08/2021. The Ld. DRP issued directions on 28/04/2022 u/s 144C(5) of the Act. Consequent to the DRP direction dated 28/04/2022, the TPO passed an order dated 20/05/2022 giving effect to the directions of the TPO and subsequently A.O. passed Final assessment Order u/s 254 r.w. Section 143(3)/144C of the Act on 28/0/2022. Aggrieved by the Final assessment Order dated 28/06/2022, the Assessee preferred the present Appeal. 5. The....
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....he order of the Tribunal dated 25/01/2019 in ITA No. 1514/del/2016, the TPO passed order on 31/01/2021 u/s 92CA (3) of the Act, thereafter Draft Assessment Order has been passed on 15/07/2021 u/s 144C r.w. Section143(3) of the Act. Further, the DRP issued direction on 28/04/2022 and the TPO passed order dated 20/05/2022 giving effect to the direction of the DRP and subsequently assessment order has been passed on 28/06/2022.As per Section 144C(13) of the Act the assessment shall be passed without providing any further opportunity to the Assessee within one month from the end of the month in which the directions issued by the DRP u/s 144C(5) of the Act. For the sake of ready reference the provision of Section 144C(13) of the Act is reproduce....
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....e of uploading some document by DCIT/ACIT circle 2 (1) (1) Delhi) has been submitted by Respondents. It is fair to conclude that date of uploading DRP order on ITBA portal is 27.04.2022. As per section 144C(13) of the Act, assessment had to be completed on or before 31.05.2022. In present case the assessment is completed only on 30.6.2022 i.e., it is time barred null and void. Therefore, impugned assessment order dated 30.06.2022 is set aside being barred by limitation. Other grounds having become academic in nature are left open." 9. Further the Hon'ble High Court of Delhi in the case of Louis Dreyfus company India Private Limited Vs. DCIT 13(1), [2024] 159 taxmann.com 244 (Delhi) as well as PCIT-1, Vs. M/s Fiberhome India Private L....
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....the ITBA portal and as part of the larger faceless assessment regime which now holds the field. The uploading of the directive of the DRP on the ITBA portal would thus constitute valid and sufficient service and the period of limitation as prescribed in Section 144C(13) of the Act would be liable to be computed bearing that crucial date in mind. Once the aforesaid position becomes clear, it is evident that the order of assessment, if at all could have been framed lastlyby 31 July 2022. There has thus been an abject failure on the part of the first respondent to comply with the mandatory timelines as incorporated in the aforenoted provisions. Accordingly, the writ petition is liable to be allowed and the impugned order of assessment and the ....