Time barred TP assessment after transfer of case due to change in jurisdiction

Facts:

Assessee's case was transferred from Mumbai CIT - 10 to Pune jurisdiction. Subsequently a corrigendum was issued by Mumbai recalling the transfer and a notice was issued for a TP assessment without serving the corrigendum to the recalling of the jurisdiction on the assessee. It was pleaded before Mumbai High court in a writ petition that the recalling itself was incorrect to which the court concurred deploring the action of the revenue with strictures holding the notice of assessment as invalid issued post facto transfer of jurisdiction but revalidated internally by department via a corrigendum. Subsequently the Pune TP authorities also issued a notice to the effect and framed an assessment order. This went against the assessee. Aggrieved in the higher appeal to ITAT, in the cross objections, assessee raised the plea that the assessment order itself was issued beyond time limits -

Held in favour of the assessee basing their writ that since the time limit for issuing notice for TP had elapsed the order of the Pune TPO was also held to be invalid.

Ed. Note: The writ extract in the decision is worth noting. A cross objection is dealt the same way as a normal appeal, so additional grounds can be raised in the same as well.

Case: DCIT v. Fiat India Automobiles (P) Ltd. 2023 TaxPub(DT) 1846 (Pune C Bench)