Coca Cola India Inc. Vs DDIT (ITAT Delhi)
ITAT Delhi held that final assessment order passed beyond period of limitation prescribed under section 144C(13) read with section 153 of the Income Tax Act is liable to be quashed and hence set aside.
Facts: The present adjudication involves a batch of six appeals pertaining to the same assessee for AYs 2004-05, 2014-15, 2016-17, 2017-18, 2020-21 and 2021-22. In all these appeals the assessee has challenged the validity of the assessment order on the ground of limitation considering the provisions of section 144C(13) r.w.s. 153 of the Income Tax Act, 1961. This challenge to the validity of the impugned order arises from the case of Commissioner of Income Tax vs. Roca Bathroom Products (P) ltd. reported in 445 ITR 537 (Mad.), Sections 144C and 153 are mutually inclusive and not mutually exclusive as both contain provisions relating to section 92CA and are interdependent and overlapping and hence, period of limitation prescribed under section 153(2A) or 153(3) of the Act are applicable only.
Conclusion: Held that the date on which the final assessment order was passed by the Ld. AO is beyond the period of limitation for passing the order u/s 144C(13) r.w.s. 153 of the Act. Accordingly it is held that the final assessment orders are barred by limitation and are, hence, quashed. Since the assessee has succeeded on the legal issue of validity of the final assessment order, we do not, at this stage, intend to adjudicate the other grounds of appeal. Hence, all other grounds of appeal are left open.
