Question 1

What are the key legal issues in Airbnb Payments India Private Limited vs. DCIT?

Accepted Answer

1. Whether the final assessment order passed by the AO is time-barred by limitation under section 153(1) read with section 153(4) of the Income Tax Act, 1961.

Question 2

What are the facts of Airbnb Payments India Private Limited vs. DCIT?

Accepted Answer

The present appeal is filed by Airbnb Payments India Private Limited against the final assessment order passed by the Assessing Officer (AO) dated 18.07.2024 under sections 143(3), 144C(13), and 144B of the Income Tax Act, 1961 for Assessment Year 2020-21. The assessee contends that the final assessment order 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 Act. The assessee relies on the judgment of the Hon'ble High Court of Madras in the case of Commissioner of Income-tax Vs. Roca Bathroom Products (P.) Ltd. [2022] 445 ITR 537 (Madras) and several orders passed by the Co-ordinate Bench of the Tribunal, Hyderabad Bench. The Department argues that the issue of limitation arising from the interplay between Section 144C and Section 153 of the Act is presently unsettled and pending adjudication before the Hon'ble Supreme Court in the case of ACIT Vs. Shelf Drilling Ron Tappmeyer Ltd. in Special Leave to Appeal (C) Nos. 20569-20572/2023, and therefore, deciding the issue of limitation at this stage would be premature.

Airbnb Payments India Private Limited vs. DCIT

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