Appeal details
Counselvise Citation
[2024] 138 COUNSELVISE.COM (IT) 8100 (ITAT-DELHI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 year(s) 3 month(s) 21 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
13-12-2024
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
H
Assessment Year
2012-2013
Appeal Filed On
22-08-2022
Judgement Text
"Page | 1 \n \nINCOME TAX APPELLATE TRIBUNAL \nDELHI BENCH “H”: NEW DELHI \nBEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER \nAND \nSHRI ANUBHAV SHARMA, JUDICIAL MEMBER \n \nITA No. 1940/Del/2022 \n(Assessment Year: 2012-13) \nCanon India Pvt. Ltd, \n7th Floor, Building No. 5, \nTower-B, DLF Cyber City, \nDLF Phase III, Gurugram \n122002 \nVs. DCIT, \nCircle-4(2), New \nDelhi \n(Appellant) \n \n(Respondent) \nPAN:AAACC4175D \n \n \n \n \n \n \nAssessee by : \nShri Himanshu S. Singha, Adv \nShri Prashant Maharchandani, Adv \nShri J. S. kataria, Adv \n \n \nRevenue by: \nShri Safarul Haque Tanweer, CIT DR \n \n \nDate of Hearing \n10/12/2024 \nDate of pronouncement \n13/12/2024 \n \nO R D E R \nPER M. BALAGANESH, A. M.: \n1. \nThe appeal in ITA No.1940/Del/2022 for AY 2012-13, arises out of \nthe order of Assessing Officer [hereinafter referred to as ‘ld. AO’, in short] \nin \nAppeal \nNo. \nITBA/ASI/S/143(3)/2022-23/1043926421(1) \ndated \n25/02/2022. \n2. \nThe only issue to be decided in this appeal is as to whether the final \nassessment order framed by the Learned AO could be construed as barred \nby limitation and had to be declared as void abinitio in the facts and \ncircumstances of the instant case. \n\nITA No. 1940/Del/2022 \nCanon India Pvt. Ltd \n \n \nPage | 2 \n \n3. \nWe have heard the rival submissions and perused the materials \navailable on record. To address the issue in dispute, we find that the \nprovisions of section 144C(13) of the Act stipulates that the final \nassessment order pursuant to the directions of Learned DRP should be \npassed by the assessing officer within one month from the end of the \nmonth in which such directions were received. In the instant case, the \nDRP directions were issued on 28-01-2022 under section 144C(5) of the \nAct. The order giving effect to DRP was passed by the Learned Transfer \nPricing Officer on 17-02-2022 which is enclosed in page 26 of the appeal \nset. The final assessment order was framed by the assessing officer after \nconsidering the DRP directions and the order giving effect passed by the \nLearned TPO on 25-02-2022. \n4. \nThe Learned AR before us placed on record the screenshot from \nITBA portal which showed that Document Identification Number (DIN) was \ngenerated for the final assessment order and for demand notice issued \nunder section 156 of the Act by the Learned assessing officer only on 19-\n7-2022. Even the final assessment order was digitally signed by the \nLearned AO only on 19-7-2022 which is evident from last page of the final \nassessment order. Accordingly, he submitted that in terms of section \n144B(6)(i)(b) and 144B(6)(ii) of the Act, the final assessment order was \nduly authenticated by digitally signature of the Learned AO only on 19-07-\n2022. The time limit available to the assessing officer to frame the final \nassessment order expired on 28-2-2022. \n5. \nIt is not in dispute that in the instant case, the final assessment \norder was duly authenticated by affixing digital signature and by \nduly generating DIN only on 19-07-2022. This is beyond the time limit \nprescribed under section 144C(13) of the Act. Accordingly, the assessment \nis barred by limitation. Hence, we hold that the final assessment order \n"
Mehul