Motorola Solutions India Private Limited Vs DCIT (ITAT Delhi)
ITAT Delhi held that Final Assessment Order passed u/s 143(3) r.w.s. 144C(13) passed beyond time limit prescribed under section 153 of the Income Tax Act is barred by limitation. Accordingly, Final Assessment Order is liable to be quashed.
Facts- Vide the present appeal, the appellant challenges 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 assessee mainly contested that the Final Assessment order dated 26/07/2024 passed 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
Conclusion- Hon’ble High Court of Madras in the case of Roca Bathroom Products Pvt. Ltd held that, time limit prescribed u/s 153 of the Act has to be adhered to and that both Section 144C and 153 of the Act are mutually inclusive and interdependent. The presence of notwithstanding clause in Section 144C(13) of the Act would not exclude the operation of Section 153 of the Act.
Held that the impugned Final Assessment Order passed u/s 143(3) r.w.s. 144C(13) of the Act dated 26/07/2024 pertaining to Assessment Year 2020-21 is barred by limitation as per Section 153 r.w. Section 144C of the Act. Accordingly, the impugned Final Assessment Order is hereby quashed.
