Dentsply India Pvt. Ltd. Vs. NFAC
Parties Involved
Facts Summary
The captioned appeal is filed by the Assessee, Dentsply India Pvt. Ltd., challenging the Final Assessment Order passed under section 143(3) read with section 144C(13) and Section 144B of the Income Tax Act, 1961, dated 22/07/2024 pertaining to the 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 Income Tax Act, 1961. The Assessee relies on the ratio laid down by the Hon'ble High Court of Madras in the case of Commissioner of Income-tax Vs. Roca Bathroom Products (P.) Ltd. [2022] 445 537 (Madras) and orders passed by the Co-ordinate Bench of the Tribunal, Hyderabad Bench. The Department, represented by the Ld. Department's Representative, 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. Therefore, deciding the issue of limitation by this Tribunal at this stage would be premature.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the Final Assessment Order passed on 22/07/2024 is time-barred by limitation under section 153(1) read with section 153(4) of the Income Tax Act, 1961.
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
10 precedents cited in this judgement.
Similar Judgements
Lonza India Pvt. Ltd. Vs. DCIT
Delhi Bench ‘H’ New Delhi benchAY 2020-21AllowedRohde & Schwarz India Pvt. Ltd. Vs. DCIT
Delhi Bench ‘H’ New Delhi benchAY 2020-21AllowedZimmer India Pvt. Ltd. vs. DCIT
Delhi Bench benchAY 2020-21AllowedHeadstrong Services India Pvt. Ltd. vs. ACIT
Delhi Bench ‘H’ New Delhi benchAY 2018-19AllowedMIH Internet SEA PTE Ltd. vs The Assessing Officer
Delhi Bench 'H', New Delhi benchAY 2017-18AllowedAirbnb India Private Limited vs. DCIT, Circle-1(1)
Delhi Bench 'H' benchAY 2020-21Allowed