XANDER ADVISORS INDIA PVT. LTD.,NEW DELHI vs. ACIT, NOIDA

In the result, both the appeals are allowed, as indicated

Bench: Shri G.S. Pannu & Shri Saktijit Dey

Transfer Pricing Officer passed under sub- section(3) of section 92CA of the Act. 11. Thus, if, we apply the provisions of section 144C of the Act to the facts of the present appeal, undoubtedly, assessee qualifies as an eligible assessee under sub-section (15)(b)(i) of section 144C of the Act. Further, it is an established fact

XANDER ADVISORS INDIA PVT. LTD.,NEW DELHI vs. ACIT, NOIDA

In the result, both the appeals are allowed, as indicated

Bench: Shri G.S. Pannu & Shri Saktijit Dey

Transfer Pricing Officer passed under sub- section(3) of section 92CA of the Act. 11. Thus, if, we apply the provisions of section 144C of the Act to the facts of the present appeal, undoubtedly, assessee qualifies as an eligible assessee under sub-section (15)(b)(i) of section 144C of the Act. Further, it is an established fact

DCIT, NEW DELHI vs. M/S WICKWOOD DEVELOPMENT LTD.,, NEW DELHI

In the result, the Cross Objections of the assessees are\nallowed and consequently the appeals of the revenue are liable\nto be dismissed

Transfer Pricing Officer passed\nunder sub-section (3) of section 92CA; and\n(ii) any foreign company.]\"\n15. A plain reading of Section indicates that it is obligatory on\nthe part of the AO to forward a draft Assessment Order as per\nthe provisions of Section 144C(1) of the Act. The sub-Section\n(1) of Section 144C being

CLAAS AGRICULTURAL MACHINERY PRIVATE LIMITED,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 4(2), NEW DELHI, NEW DELHI

In the result, appeal of the Assessee is allowed

Pricing order u/s 92CA(3) of the Act\npassed.\n21.09.2023\n:\nDraft assessment order u/s 144C of the Act\npassed.\n24.06.2024\n:\nDRP directions under Section 144C(5) of the Act\nissued.\n31.07.2024\n:\n30.09.2023\n:\nFinal Assessment order under Section 143(3)\nr.w.s144C(13) r.w.s 144B of the Act.\nLimitation for passing the final assessment\norder expired

TEVA PHARMACEUTICAL & CHEMICAL INDUSTRIES INDIA PRIVATE LIMITED,MUMBAI vs. DCIT, CIRCLE-25(1), DELHI

In the result, appeal of the Assessee is allowed

Bench: Yogesh Kumar U.S. & Shri Manish Agarwalteva Pharmaceutical & Chemical Vs Assessment Unit, Income Industries India Private Limited, Tax Department/Deputy 8Th Floor, C-Wing Time Square, Commissioner Of Income Andherikurla Road, Marol Naka, Tax, Circle 25(1), Opp Mittal Industrial Estate C. R. Building, Delhi- Andheri (E), Mumbai 400059, 110001 Maharashtra, India Pan: Bnspk7225H Appellant Respondent Assessee By Sh. Sachit Jolly, Sr. Adv, Sh. Sohamdua, Adv& Sh. Abhiudaya Shankar Bajpai, Adv Revenue By Sh. S. K. Jadhav, Cit Dr Date Of Hearing 19/01/2026 Date Of Pronouncement 19/01/2026 Order Per Yogesh Kumar, U.S. Jm: The Captioned Appeal Is Filed By The Assessee Challenging The Final Assessment Order Passed U/S 143(3) R.W.S. 144C(13) R.W.

Transfer Pricing Officer under Section 92CA of the Act: consequently, the limitation to pass the Final Assessment Order was extended by 12 months under Section 153(4) of the Act. 4 Objections filed by the Appellant before the 27.10.2023 Dispute Resolution Panel in Form 35A within 30 days of receipt of the draft order. in compliance with Section 144C(2

FRESENIUS KABI ONCOLOGY LTD,NEW DELHI vs. ITO, WARD-9(3), NEW DELHI

In the result appeal of the assessee is allowed

Bench: Shri Prakash Chand Yadav & Shri Manish Agarwalfresenius Kabi Oncology Ltd. Income Tax Officer, B-310, Som Dutt Chamber, Ward-9(3), Bhikaji Cama Place, Vs. New Delhi. New Delhi-110066. Pan-Aabcd7720L (Appellant) (Respondent)

Transfer Pricing Officer passed under sub-section (3) of section 92-CA; and (ii) any foreign company.’ 7. A reference is also made to the provisions of section 144B relating to the faceless assessment pertaining to the assessment completed in case of eligible assessee u/s 144C of the Act, the relevant provisions are as under: Fresenius Kabi Oncology

ARIBA INDIA PRIVATE LIMITED,DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, DELHI

In the result, appeal of the assessee is allowed

Bench: SHRI YOGESH KUMAR U.S (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

Transfer Pricing Officer passed under sub-section (3) of section 92-CA; and (ii) any foreign company.’ 9. A reference is also made to the provisions of section 144B relating to the faceless assessment pertaining to the assessment completed in case of eligible assessee u/s 144C of the Act, which are as under: Ariba India Pvt.Ltd. vs. ACIT “144B.Faceless Assessment

DCIT, NEW DELHI vs. M/S. NEWBURY HOLDING TWO LTD., NEW DELHI

In the result, the Cross Objections of the assessees are\nallowed and consequently the appeals of the revenue are liable\nto be dismissed

Transfer Pricing Officer passed\nunder sub-section (3) of section 92CA; and\n(ii) any foreign company.]\"\n15. A plain reading of Section indicates that it is obligatory on\nthe part of the AO to forward a draft Assessment Order as per\nthe provisions of Section 144C(1) of the Act. The sub-Section\n(1) of Section 144C being

SEAVIEW DEVELOPERS PRIVATE LIMITED,MUMBAI vs. ACIT, CIRCLE-23(2), NEW DELHI

In the result, appeals of the assessees are allowed

2. The present appeals raise the issue as to whether in cases governed by section 144C\nof the I.T. Act, the time consumed in the proceedings undertaken after draft assessment\norder under section 144C of the I.T. Act before the Dispute Resolution Panel (\"DRP\") and the\nAssessing officer get subsumed within the time limitation prescribed under section 153 of\nthe

JINDAL STEEL & POWER LTD.,NEW DELHI vs. NATIONAL FACELESS CENTRE, NEW DELHI

In the result, appeals of the assessee are allowed

2. The present appeals raise the issue as to whether in cases governed by section 144C\nof the I.T. Act, the time consumed in the proceedings undertaken after draft assessment\norder under section 144C of the I.T. Act before the Dispute Resolution Panel (\"DRP\") and the\nAssessing officer get subsumed within the time limitation prescribed under section 153 of\nthe

DCIT, NEW DELHI vs. I ENERGIZER HOLDINGS LTD., NEW DELHI

In the result, the Cross Objections of the assessees are allowed and consequently the appeals of the revenue are liable to be dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

144C of the Act, ‘eligible assessee’ means any person in whose case the variation referred to in CO Nos. 353 to 356 & Others/Del/2015 Rolland Enterprises Ltd. & Others . sub-Section (1) arises as a consequence of the order of the Transfer Pricing Officer passed under sub-Section (3) of Section 92CA of the Act. Explanatory Note to Finance (No. 2

DCIT, NEW DELHI vs. I ENERGIZER HOLDINGS LTD., NEW DELHI

In the result, the Cross Objections of the assessees are allowed and consequently the appeals of the revenue are liable to be dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

144C of the Act, ‘eligible assessee’ means any person in whose case the variation referred to in CO Nos. 353 to 356 & Others/Del/2015 Rolland Enterprises Ltd. & Others . sub-Section (1) arises as a consequence of the order of the Transfer Pricing Officer passed under sub-Section (3) of Section 92CA of the Act. Explanatory Note to Finance (No. 2

DCIT, NEW DELHI vs. I ENERGIZER HOLDINGS LTD., NEW DELHI

In the result, the Cross Objections of the assessees are allowed and consequently the appeals of the revenue are liable to be dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

144C of the Act, ‘eligible assessee’ means any person in whose case the variation referred to in CO Nos. 353 to 356 & Others/Del/2015 Rolland Enterprises Ltd. & Others . sub-Section (1) arises as a consequence of the order of the Transfer Pricing Officer passed under sub-Section (3) of Section 92CA of the Act. Explanatory Note to Finance (No. 2

DCIT, NEW DELHI vs. I ENERGIZER HOLDINGS LTD., NEW DELHI

In the result, the Cross Objections of the assessees are allowed and consequently the appeals of the revenue are liable to be dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

144C of the Act, ‘eligible assessee’ means any person in whose case the variation referred to in CO Nos. 353 to 356 & Others/Del/2015 Rolland Enterprises Ltd. & Others . sub-Section (1) arises as a consequence of the order of the Transfer Pricing Officer passed under sub-Section (3) of Section 92CA of the Act. Explanatory Note to Finance (No. 2

DCIT, NEW DELHI vs. M/S WICKWOOD DEVELOPMENT LTD.,, NEW DELHI

In the result, the Cross Objections of the assessees are allowed and consequently the appeals of the revenue are liable to be dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

144C of the Act, ‘eligible assessee’ means any person in whose case the variation referred to in CO Nos. 353 to 356 & Others/Del/2015 Rolland Enterprises Ltd. & Others . sub-Section (1) arises as a consequence of the order of the Transfer Pricing Officer passed under sub-Section (3) of Section 92CA of the Act. Explanatory Note to Finance (No. 2

DCIT, NEW DELHI vs. ISERVICES INVESTMENTS LTD., NEW DELHI

In the result, the Cross Objections of the assessees are allowed and consequently the appeals of the revenue are liable to be dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

144C of the Act, ‘eligible assessee’ means any person in whose case the variation referred to in CO Nos. 353 to 356 & Others/Del/2015 Rolland Enterprises Ltd. & Others . sub-Section (1) arises as a consequence of the order of the Transfer Pricing Officer passed under sub-Section (3) of Section 92CA of the Act. Explanatory Note to Finance (No. 2

JINDAL STEEL & POWER LTD.,HISAR vs. ACIT, GURGAON

In the result, appeals of the assessee are allowed

2. The present appeals raise the issue as to whether in cases governed by section 144C\nof the I.T. Act, the time consumed in the proceedings undertaken after draft assessment\norder under section 144C of the I.T. Act before the Dispute Resolution Panel (\"DRP\") and the\nAssessing officer get subsumed within the time limitation prescribed under section 153 of\nthe

XL INDIA BUSINESS SERVICES PRIVATE LIMITED,DELHI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, NEW DELHI

In the result, appeal of the Assessee is allowed

Transfer Pricing Officer (TPO), the\ntime) limit available stands extended by another 12 months, and in the present\ncase, the upper time limit for completion of assessment proceedings would expire\non 30.09.2021.\n18. In the present case, the final assessment order passed by the A.O.\nunder Section 143(3) r.w.s. 144C(13) r.w.s. 144B dated 28.07.2022 is\nclearly beyond