MANE INDIA PRIVATE LIMITED,RAANGA REDDY vs. DCIT CIRCLE -5(1), HYDERABAD

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ITA 479/HYD/2022Status: DisposedITAT Hyderabad12 April 2023AY 2018-194 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the final assessment order, passed on August 17, 2022, was indeed barred by limitation as the DRP's directions were received by the Assessing Officer by June 27, 2022. Following consistent judicial precedent, the order was deemed non-est in the eyes of law.

What were the facts?

The assessee, Mane India Private Limited, filed an appeal against the final assessment order for AY 2018-19. The main contention was that the final assessment order was passed beyond the time limit prescribed under Section 144C(13) of the Income Tax Act.

What were the issues?

Whether the final assessment order passed by the Assessing Officer was barred by limitation under Section 144C(13) of the Income Tax Act, 1961.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “A”, HYDERABAD

Before: SHRI RAMA KANTA PANDA & SHRI K.NARASIMHA CHARY

Hearing: 03/04/2023

ORDER PER K. NARASIMHA CHARY, JM: Aggrieved by the final assessment order passed consequent to the directions of Hon'ble Dispute Resolution Panel, Bengaluru (“DRP”), in the case of Mane India Private Limited (“the assessee”) for the assessment year 2018-19, under section 143(3) r.w.s. 144C(13) & r.w.s. 144B of the Income Tax Act, 1961 (for short “the Act”), assessee filed this appeal.

2.

Briefly stated relevant facts are that the assessee is engaged in the business of research production, processing and distribution of flavours and fragrance productions. It filed its return of income for the assessment year 2018-19 and in view of certain international transactions, the determination of Arm’s Length Price (ALP) thereof was referred to the ITA-TP No. 479/Hyd/2022 learned Transfer Pricing Officer (TPO). Learned TPO suggested an upward adjustment to the tune of Rs. 3,84,65,678/- by order dated 30/07/2021. Draft assessment order was passed on 28/09/2021. Assessee preferred objections before the learned DRP. Learned DRP issued directions on 20/06/2022. Consequently, final assessment order was passed by learned Assessing Officer on 17/08/2022.

3.

Assessee preferred this appeal. Though the final assessment order was challenged on several grounds, main plank of argument of the learned AR is that the final assessment order dated 17/08/2022 passed under section 143(3) r.w.s. 144C(13) and r.w.s. 144B of the Act is barred by limitation since it is passed beyond the maximum time limit prescribed under section 144C(13) of the Act.

4.

Learned DR submitted that the learned DRP’s directions were issued on 20/06/2022, but the same were served on the learned Assessing Officer on 27/06/2022.

5.

We have gone through the record in the light of the submissions made on either side. There is no dispute that the learned DRP’s directions were issued on 20/06/2022. Assessee requested the department by way of letter dated 26/08/2022 through e-mail to furnish the date of despatch of learned DRP’s directions. By letter dated 01/09/2022, the ITO (OSD) & Secretary (DRP-1), Bengaluru stated that the order was despatched on 20/06/2022 and simultaneously it was delivered to the learned Assessing Officer at the same time. Even otherwise, in the final assessment order, it is stated that the directions of the learned DRP were received by the learned TPO on 27/06/2022.

6.

Section 144C(13) of the Act states that,- “Upon receipt of the directions issued under sub-section (5), the Assessing Officer shall, in conformity with the directions, complete, notwithstanding anything to the contrary contained in section 153, the assessment without providing any further opportunity of being ITA-TP No. 479/Hyd/2022 heard to the assessee, within one month from the end of the month in which such direction is received”.

7.

This provision is mandatory. The admitted facts clearly establish that the directions of the learned DRP were received by the learned Assessing Officer/learned TPO at the latest by 27/06/2022. The last date of such month was 30/06/2022 and the period under section 144C(13) expires by 31st July, 2022 whereas the final assessment order in this case was passed on 17/08/2022 clearly beyond limitation.

8.

In M/s. Dentsply India (P) Ltd Vs. ITO in dated 24/05/2019, Altran Technologies India Pvt. Ltd. Vs. DCIT in IT(TP)A No. 977/Bang/2022, dated 05/12/2022 and IPG DXTRA India Pvt. Ltd. Vs. DCIT in IT(TP)A No. 967/Bang/2022, dated 19/12/2022 the Co-ordinate Benches of this Tribunal have taken a consistent view that the order passed beyond the limitation prescribed under section 144C(13) is nonest in the eye of law and consequently liable to be quashed.

9.

Since on the admitted facts, the final assessment order dated 17/08/2022 is barred by limitation, while respectfully following the consistent view taken by the Co-ordinate Benches of this Tribunal in M/s. Dentsply India (P) Ltd Vs. ITO in dated 24/05/2019, Altran Technologies India Pvt. Ltd. Vs. DCIT in IT(TP)A No. 977/Bang/2022, dated 05/12/2022 and IPG DXTRA India Pvt. Ltd. Vs. DCIT in IT(TP)A No. 967/Bang/2022, dated 19/12/2022 (supra), we hold that such an order is nonest in the eye of law and the same is liable to be quashed. We hold and direct so.

10.

In the result, appeal of the assessee is allowed.

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