Question 1

What are the key legal issues in Adidas India Marketing Private Limited vs. Asst. CIT?

Accepted Answer

1. Whether the final assessment order is void-ab-initio, bad in law, and barred by limitation. 2. Whether the final assessment order should have been passed by the National Faceless Assessment Centre instead of the Jurisdictional Assessing Officer.

Question 2

What are the facts of Adidas India Marketing Private Limited vs. Asst. CIT?

Accepted Answer

The draft Assessment Order was passed on 06/09/2021 by the National Faceless Assessment Centre. The assessee filed objections before the Dispute Resolution Panel (DRP) on 05.10.2021. The DRP issued directions on 03.06.2022, and the Transfer Pricing Officer (TPO) passed the effect order on 14.07.2022. The final Assessment Order was passed on 28.02.2023 by the Jurisdictional Assessing Officer. The assessee argued that the final order was barred by limitation and invalid as it was not passed within the prescribed time under section 144C(13) of the Act. The department argued that the final order was within the period of limitations and that both the Faceless Assessing Officer and Jurisdictional Assessing Officer had concurrent jurisdiction.

Adidas India Marketing Private Limited vs. Asst. CIT

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