O R D E R

Per:Anikesh Banerjee (JM):

The instant appeal of the assessee filed against the order of the Ld. Assistant Commissioner of Income Tax, Circle 4(2)(1), Mumbai [for brevity the “Ld. AO”], order passed under section 143(3) r.w.s. 144C(13) of the Act (for brevity ‘the Act’) for Assessment Year 2020-21, date of order 27.07.2023. The impugned order is originated from the recommendation of the Ld. Commissioner of Income Tax (DRP-2), Mumbai order passed under section 144C(5) of the Act date of order 28.06.2023.

The assessee has taken the following grounds:

“1. The learned ACIT erred in assessing the total income of the appellant at Rs. 16,51,74,708.

2. Technical

2.1 On a without prejudice to the other grounds, it is submitted that considering the facts and circumstances of its case and the law prevailing on the subject, the impugned order dated 27 July 2023 passed under section 143(3) r.w.s 144C(13) of the Act is passed beyond the period of limitation prescribed under section 153 of the Act (i.e., 30 September 2022) and hence, the said order is void ab initio being barred by limitation and hence, ought to be struck down.

3. Consideration of erroneous income in computation sheet

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