Mitsui Prime Advanced Composites India Pvt. Ltd. Vs ITO (ITAT Delhi)
Material Facts
The assessee filed its return of income for Assessment Year 2020-21 declaring nil income. The case was selected for scrutiny and referred to the Transfer Pricing Officer under Section 92CA due to international transactions with its associated enterprise. A draft assessment order proposed a transfer pricing adjustment. After the assessee filed objections, the Dispute Resolution Panel (DRP) issued directions on 28.03.2024. Pursuant to those directions, the Assessing Officer passed the final assessment order dated 30.04.2024 under Sections 143(3), 144C(13) and 144B, determining the assessed income at ₹4,44,72,947.
Procedural History
The assessee appealed before the ITAT and raised an additional legal ground contending that the final assessment order, though dated 30.04.2024, was digitally signed and uploaded with the digital signature on 01.05.2024, making it barred by limitation under Section 144C(13). The Tribunal admitted the additional ground as it involved a pure question of law.
Legal Issue
Whether the final assessment order was barred by limitation where it was dated 30.04.2024 but digitally signed on 01.05.2024.
Relevant Statutory Provisions
- Section 143(3)
- Section 144B
- Section 144C(13)
- Section 92CA
- Section 270A
Assessee’s Submissions
The assessee submitted that the DRP directions were issued on 28.03.2024 and the final assessment order had to be passed on or before 30.04.2024. Although the order bore the date 30.04.2024, both the order and the ITBA portal records showed that it was digitally signed on 01.05.2024. The assessee relied upon judicial precedents holding that an order or notice becomes complete only upon digital signing.
