Reference to TPO is invalid if made after expiry of time-limit for issuing sec. 143(2) notice

IT/ILT : Where issue of scrutiny assessment notice u/s143(2) is time-barred, AO cannot make a reference to TPO u/s 92CA. Reference u/s 92CA without issuing notice u/s 143(2) is invalid reference and order passed by TPO on invalid reference is non est and void ab initio. A nonest and void ab initio order passed by the TPO on 29.10.2010 determining the arm's length price u/s 92CA(3) of the Act cannot form a basis to formulate a belief that certain income chargeable to tax has escaped assessment wi