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P. S. DINESH KUMAR, G. BASAVARAJA
Pr. Commissioner of Income -Tax – Appellant
Versus
Flextronics Technologies (India) Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. assessment order appeal details. (Para 1) |
| 2. revenue challenges compliance with timing. (Para 2) |
| 3. assessee emphasizes drp's binding directions. (Para 3) |
| 4. court confirms drp directions are binding. (Para 4 , 6 , 7) |
| 5. appeal dismissed, questions answered for assessee. (Para 8) |
JUDGMENT :
(P.S. Dinesh Kumar, J.)
This appeal by the Revenue challenging the order dated December 31st, 2018, passed in IT(TP)A No.832/Bang/2017 passed by the Income Tax Appellate Tribunal, Bengaluru (for short ITAT) has been admitted to consider following questions of law:
2. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in holding that final assessment order as bad on the ground that assessing authority has not passed order as per directions of Dispute Resolution Panel?
3. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in not following the decision of Hon'ble Punjab and Haryana High Court
Timelines in Section 144C(13) of the Income Tax Act are mandatory; failure to comply invalidates the assessment order.
Assessment orders beyond mandatory statutory timelines are invalid and liable to be quashed.
Timelines established in taxation statutes, particularly under Section 144C(13) of the Income Tax Act, are mandatory and essential for the validity of assessment proceedings.
Final assessment order u/s 144C(13) quashed as barred by limitation beyond one month from end of month of DRP directions; comparables excluded for functional dissimilarity and filter failures in TP a....
The time limit under Section 144C(13) of the Income Tax Act is mandatory, and any assessment order passed beyond this limit is invalid.
The time limit for completing assessments under Section 144C(13) of the Income Tax Act is mandatory, and failure to comply renders the assessment invalid.
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