Assessment Order Passed Beyond Sec 144C(4) Is Time Barred If Objections To Draft Order Were Filed After Expiry Of Limitation As Per Sec 144C(2): Delhi ITAT
Noticing that the draft assessment order was passed on Mar 4, 2022 and the assessee filed objection before the DRP on Apr 6, 2022 which was beyond the due date provided for filing objection, the Delhi ITAT held the assessment order to be time-barred being passed beyond Section 144C of Income tax Act, 1961 time-limit. Since the final Assessment Order has been passed on 27.12.2022 in divergence to due date prescribed u/s144C of the Income Tax Act, we hold that, the order passed by the Assessing Officer is barre d by limitation, and hence, treated as void”. The Appellant contended that the final order passed by the AO was barred by limitation on being in contravention of the provisions of Section 144C to mandatorily pass the assessment order within one month from the end of the month in which the statutory period of filing of the objections expired. The Coram further observed that the passing of assessment order was in divergence with the due date prescribed under Section 144C, and hence, barred by limitation.
Addition Made By AO Despite Issue Pending Before AAR; Assessment Order Not Void: ITAT
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