TMI Blog2022 (2) TMI 1336X X X X Extracts X X X X X X X X Extracts X X X X ..... /s 153(3) - period of limitation - Refund Claim alongwith interest as per Section 244 - HELD THAT:- The period u/s 153(3) read with Section 153(4) would stand extended till 31.12.2018 in terms of Section 92CA(3A) and the TPO would then be required to pass an order as on 31.10.2018. In the present case, the notice of TPO is dated 09.07.2021 as per Annexure-L. Clearly, on the admitted period avai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent-Department taking note of the principle under Section 240 of the Income Tax Act. Accordingly, the notice is set aside and the respondents to refund an amount in terms of the discussion made hereinabove alongwith interest as per Section 244 of the Income Tax Act for the Assessment Year 2006-2007, before the end of April 2022. - WRIT PETITION No. 13646/2021 (T-IT) - - - Dated:- 2-2-202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 1961 for the Assessment Year 2006-2007. 2. It is submitted that the Income Tax Appellate Tribunal has passed the order dated 03.11.2016 setting aside the impugned order and has remanded the proceedings to AO/TPO/DRP for a fresh decision. 3. The admitted facts as made out are that the PCIT has received the copy of the order on 29.12.2016. The time period for completion of assessment procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under sub-section (1) of Section 92CA of the Income Tax Act. If that were to be so, the period under Section 153(3) read with Section 153(4) would stand extended till 31.12.2018 in terms of Section 92CA(3A) and the TPO would then be required to pass an order as on 31.10.2018. In the present case, the notice of TPO is dated 09.07.2021 as per Annexure-L. Clearly, on the admitted period available as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he tax paid will have to be made good by the respondent-Department taking note of the principle under Section 240 of the Income Tax Act. 7. Accordingly, the notice at Annexure-L dated 09.07.2021 is set aside and the respondents to refund an amount of Rs.14,04,01,147/- in terms of the discussion made hereinabove alongwith interest as per Section 244 of the Income Tax Act for the Assessment Year ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
