CANON INDIA PVT LTD,GURUGRAM vs. DCIT,CIRCLE4(2) CR BUILDING DELHI, NEW DELHI

The only issue to be decided in this appeal is as to whether the final assessment order framed by the Learned AO could be construed as barred by limitation and had to be declared as void abinitio in the facts and circumstances of the instant case.

We have heard the rival submissions and perused the materials available on record. To address the issue in dispute, we find that the provisions of section 144C(13) of the Act stipulates that the final assessment order pursuant to the directions of Learned DRP should be passed by the assessing officer within one month from the end of the month in which such directions were received. In the instant case, the DRP directions were issued on 28-01-2022 under section 144C(5) of the Act. The order giving effect to DRP was passed by the Learned Transfer Pricing Officer on 17-02-2022 which is enclosed in page 26 of the appeal set. The final assessment order was framed by the assessing officer after considering the DRP directions and the order giving effect passed by the Learned TPO on 25-02-2022.

The Learned AR before us placed on record the screenshot from ITBA portal which showed that Document Identification Number (DIN) was generated for the final assessment order and for demand notice issued under section 156 of the Act by the Learned assessing officer only on 19- 7-2022. Even the final assessment order was digitally signed by the Learned AO only on 19-7-2022 which is evident from last page of the final assessment order. Accordingly, he submitted that in terms of section 144B(6)(i)(b) and 144B(6)(ii) of the Act, the final assessment order was duly authenticated by digitally signature of the Learned AO only on 19-07- 2022. The time limit available to the assessing officer to frame the final assessment order expired on 28-2-2022.