CALLIDUSCLOUD (INDIA) PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE- 1(1), HYDERABAD

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ITA 1395/HYD/2024Status: DisposedITAT Hyderabad10 December 2025AY 2021-2230 pages
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What did the Tribunal hold?

The Tribunal held that the final assessment order was passed beyond the prescribed limitation period under Section 153(4) of the Act, following precedents from the Madras and Bombay High Courts. Consequently, the assessment order was quashed.

What were the facts?

The assessee's final assessment order was passed after the statutory time limit prescribed under Section 153(4) of the Income-tax Act, 1961, which includes an extension for reference to the Transfer Pricing Officer. The assessee argued that this order was barred by limitation and therefore void ab initio.

What were the issues?

Whether the final assessment order was barred by limitation as per Section 153 of the Income-tax Act, 1961, considering the reference to the TPO.

Which sections of the Income-tax Act were involved?

Section 153,Section 143(3),Section 144C(13),Section 144B,Section 92CA

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Income Tax Appellate Tribunal, Hyderabad “B” Bench, Hyderabad

आदेशकी प्रनतनलनप अग्रेनर्त/ Copy of the order forwarded to:-

1. 1. निर्धाररती/The Assessee : M/s. Callidus Cloud (India) Private Limited, Unit 601, 6th Floor, Building No.12B, Mindspace IT Park, Madhapur, Hyderabad – 500081, Telangana. 2. रधजस्व/ The Revenue : The Deputy Commissioner of Income-tax, Circle – 1(1), Hyderabad.

3. The Principal Commissioner of Income Tax, Hyderabad.

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