Zimmer India Pvt. Ltd. vs. DCIT
Parties Involved
Facts Summary
The captioned appeal is filed by the Assessee, Zimmer 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 23/07/2024 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's Representative, on the other hand, submits 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 very same issue by this Tribunal at this stage would be premature.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the Final Assessment order dated 23/07/2024 passed by the Assessing Officer is time-barred by limitation and bad in law.
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
11 precedents cited in this judgement.
Similar Judgements
Lonza India Pvt. Ltd. Vs. DCIT
Delhi Bench ‘H’ New Delhi benchAY 2020-21AllowedDentsply India Pvt. Ltd. Vs. NFAC
Delhi Bench ‘H’ New Delhi benchAY 2020-21AllowedRohde & Schwarz India Pvt. Ltd. Vs. DCIT
Delhi Bench ‘H’ New Delhi benchAY 2020-21AllowedHeadstrong Services India Pvt. Ltd. vs. ACIT
Delhi Bench ‘H’ New Delhi benchAY 2018-19AllowedAirbnb Payments India Private Limited vs. DCIT
Delhi Bench 'H', New Delhi benchAY 2020-21AllowedAirbnb India Private Limited vs. DCIT, Circle-1(1)
Delhi Bench 'H' benchAY 2020-21Allowed