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Documents citing M/S. Honda R&D (India) Pvt. Ltd., ... vs Acit, New Delhi on 3 November, 2017

Rolls-Royce India Private Limited ... vs Dcit Tp 3(2)(1), Delhi on 4 July, 2025

" 4. The draft assessment order was passed u/s 143(3) read with Section 144C of the Act on 31.03.2021 in which transfer pricing in adjustment of Rs. 2,19,68,636/- as suggested by the Id TPO was added to the total income. The assessee filed its objection before the Id DRP. The Id DRP issued direction u/s 144C(5) of the Act on 16.09.2021 upholding the draft assessment order. The said DRP order was intimated to the Id AO on 22.09.2021. There is absolutely no dispute with regard to this fact of date of intimation to the Id AO on 22.09.2021. Hence, the time available to the Id AO to pass the final assessment order in terms of Section 144C(13) would be one month from the end of the month in which order is received which would expire on 31.10.2021. Whereas, in the instant case, the final assessment order has been passed by the Id AO u/s 143(3) read with Section 144C(13) of the Act on 26.05.2022 which is much beyond the prescribed time limit provided u/s 144C(13) of the Act. This issue is no longer res integra in view of the decision of the coordinate bench of this Tribunal in the case of Honda R&D (India) Pvt. Ltd Vs. ACIT reported in 207 ITD 278 (Delhi Tribunal) wherein it was observed as under:-
Income Tax Appellate Tribunal - Delhi Cites 34 - Cited by 0 - Full Document

Bbc World Service P.Ltd,New Delhi vs Acit, Circle-4(2), New Delhi on 7 February, 2025

The ld DRP issued direction u/s 144C(5) of the Act on 16.09.2021 upholding the draft assessment order. The said DRP order was intimated to the ld AO on 22.09.2021. There is absolutely no dispute with regard to this fact of date of intimation to the ld AO on 22.09.2021. Hence, the time available to the ld AO to pass the final assessment order in terms of Section 144C(13) would be one month from the end of the month in which order is received which would expire on 31.10.2021. Whereas, in the instant case , the final assessment order has been passed by the ld AO u/s 143(3) read with Section 144C(13) of the Act on 26.05.2022 which is much beyond the prescribed time limit provided u/s 144C(13) of the Act. This issue is no longer res integra in view of the decision of the coordinate bench of this Tribunal in the case of Honda R&D (India) Pvt. Ltd Vs. ACIT reported in 207 ITD 278 (Delhi Tribunal) wherein it was observed as under:-
Income Tax Appellate Tribunal - Delhi Cites 4 - Cited by 0 - Full Document
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