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12. We should note that the ground of limitation was inserted by way of an amendment on 12 th July 2022 pursuant to liberty granted by this court on 5th July 2022. No additional reply has been filed to the amended part.

13. Mr. Suresh Kumar submitted that the time limit given under Section 153 (3) of the Act would be in addition to the time prescribed wp2340-21group.doc under Section 144C of the Act. The period of time limit prescribed under Section 144C of the Act does not get subsumed in the time limit prescribed under Section 153(3) of the Act. There is no time limit prescribed under Section 144C(1) of the Act. Nine months is prescribed only for DRP to pass its order under Section 144C (12) of the Act and under Section 144C(13) of the Act one month is provided for the Assessing Officer to complete the assessment in conformity with the directions given by the DRP. Since there is no time limit prescribed to pass the draft assessment order under Section 144C(1) of the Act, where was the question of the assessment being barred under Section 153(3) of the Act. It does not arise.

14. Section 144C of the Act was held to be a self-contained code by the earlier decision of the Hon'ble Madras High Court in the case of CIT vs Sanmina SCI India (P.) Ltd3. The finding that Section 144C of the Act is a complete code is also there in the decision of the single judge in Roca Bathroom (SB) (Supra). Once 144C of the Act is held to be a complete code then for all things dealt by it, it would prevail over other provisions including Section 153 of the Act. Hence the decision of the Hon'ble High Court that the time limit given under Section 153 of the Act would prevail over and subsume the time limit prescribed under Section 144C of the Act is per incuriam. It is settled law that a self-contained code/ complete code takes precedence for all things dealt by it. The Hon'ble Apex Court and High Courts have reiterated this position.

27. Having considered the language of Section 144C and 153, we cannot accept that the provisions of Section 153 are excluded to the operation of Section 144C.

28. Mr. Mistri, therefore, is correct in his submissions that the time limit prescribed under Section 153 of the Act would prevail over and above the assessment time limit prescribed under Section 144C of the Act. This is because the Assessing Officer may follow the procedure prescribed under Section 144C of the Act, if he deems fit necessary but then the entire procedure has to be commenced and concluded within the twelve months period provided under Section 153 (3) of the Act. This is because, the procedure under Section 144C(1) of the Act also has to be followed by the Assessing Officer only if he proposes to make any variation which is prejudicial to the interest of the eligible assessee. If the Assessing Officer did not wish to make any variation which is prejudicial to the interest of the eligible assessee, he need not go through the procedure prescribed under Section 144C of the Act.

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29. In our view, the assessment has to be concluded within twelve months as provided in Section 153(3) of the Act when there has been remand to the AO by the ITAT under Section 254 of the Act. Within this twelve months prescribed, the AO has to ensure that the entire procedure prescribed under Section 144C is completed and pass a final assessment order. For this the AO has to be prompt in passing an order contemplated under Section 144C(1) of the Act and not wait to be reminded like in this case and still take almost two years to start the process. Sub-Section (13) of Section 144C provides that an assessment officer shall, upon receipt of the directions, issued under Sub-Section (5), in conformity with the directions complete, notwithstanding anything to the contrary contained in Section 153, the assessment without providing any further opportunity of being heard to the assessee, within one month from the end of the month in which such direction is received. What is contemplated under Section 144C (13) is the passing of the final assessment order. Twelve months as provided under Section 153(3) would start from the end of the financial year in which the Principal Commissioner received the order under Section 254 from the ITAT. The assessing officer should have taken steps to pass the final order under Sub-Section (13) of Section 144C within 12 months period.