2026 (4) TMI 1493

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....steners and connectors. The entire share capital of the petitioner is held by Bentler Automotive International GMBH, Germany, together with Bentler Deutschland GMH, Germany. The ultimate holding company is Bentler International AGH International, Austria. 3. The Petitioner filed its return of income on 27.11.2016, disclosing income for Assessment Year 2016-2017 as 'Nil'. Notice under Section 143(2) dated 01.08.2017 was issued by Respondent No. 2 for scrutiny assessment. Thereafter, on 29.05.2018, Respondent No. 2 transferred the case to the Transfer Pricing Officer for determination of the arm's length price. Notices under Section 92CA(1) dated 07.12.2018 and 05.04.2019 were issued by the Transfer Pricing Officer. The petitioner replied.....

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....or passing the order. Further, vide letter dated 25.04.2022, the petitioner requested to set aside the pending proceedings against it as the assessment was time-barred. Respondent No. 2 did not respond to the above submitted letters. Hence, the present petition came to be filed. An Affidavit in reply has been filed on 24.07.2024 by the Respondents. 7. On 06.04.2026, the present petition was listed, and after hearing both sides, this Court inquired with the learned Counsel for Respondent No. 2 as to whether any final assessment order had been passed pursuant to the DRP directions dated 22.02.2021. In response thereto, the learned counsel for Respondent No. 2, vide Email dated 08.04.2026, has placed on record written instructions stating t....

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....refore, is very clear inasmuch as the Assessing Officer shall, upon receipt of the directions issued under sub-section (5), in conformity with the directions, complete the assessment within one month from the end of the month in which such directions is received. Sub-section (13) also provides that the Assessing Officer can complete the assessment without providing any further opportunity of being heard to the assessee. This means that the moment the Assessing Officer receives the direction under Subsection (5), he has to straightaway complete the assessment and he does not even have to hear the assessee. The Assessing Officer shall simply comply with the directions received from the DRP within one month from the end of the month in which s....