IN THE INCOME TAX APPELLATE TRIBUNAL DELHI (DELHI BENCH ‘H’ NEW DELHI)

BEFORE YOGESH KUMAR U.S., JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No. 2322/DEL/2022 (A.Y. 2018-19) ITA No. 1599/DEL/2023 (A.Y. 2018-19)

ORDER PER YOGESH KUMAR, U.S. JM:

The captioned appeal in ITA No. 2322/Del/2022 filed by the Assessee challenging the Final Assessment Order passed u/s 143(3) r.w.s. 144C(13)r.w. Section 144B of the Income Tax Act, 1961 (the Act in short) dated 29/07/2022 pertaining to the Assessment Year 2018-19. The Assessee has also filed appeal in ITA No. 1599/Del/2023 by challenging the order passed by the T.P.O. dated 01/04/2023 passed u/s 154 of the Act.

2. The Assessee raised Additional Ground No. 10 in ITA No. 2322/Del/2022 contending that the Final Assessment order dated 29/07/2022passed by the A.O. is time barred by limitation and is bad in law, as it has been passed beyond the time frame prescribed under section 153(1) read with section 153(4) of the Income Tax Act, 1961 ('Act' for short). The Ld. Assessee's Representative relying on the ratio laid down by the Hon'ble High Court of Madras in the case of Commissioner of Income-tax Vs. Roca Bathroom Products (P.) Ltd.