9911796707
TMI Blog2024 (3) TMI 950X X X X Extracts X X X X X X X X Extracts X X X X ..... , which was deposited by the assesse towards part payment of demand raised in pursuance of the assessment order passed for the Asst. Year 2008- 09 dated 21.08.2012 and the assessment order passed for Asst. Year 2009-10 dated 31.10.2013 respectively, along with interest; and (ii) Direct the respondents to pay the cost of the case to the Petitioners; Pass such other order / direction which this Hon'ble Court may deem fit in the interest of justice." 2. The aforesaid reliefs are addressed in the backdrop of certain deposits having been made by the petitioner as a pre-condition to the grant of stay on demand and interim protection pending conclusion of assessment proceedings. We had on the last occasion and upon noticing the submission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 264 is to be given by the Assessing Officer [or the Transfer Pricing Officer, as the case may be,] wholly or partly, otherwise than by making a fresh assessment or reassessment [or fresh order under Section 92-CA, as the case may be,] such effect shall be given within a period of three months from the end of the month in which order under Section 250 or Section 254 or Section 260 or Section 262 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be, the order under Section 263 or Section 264 is passed by [the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be,]: Provided that where it is not possi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contained in the foregoing provisions of this section, sub-section (2) of Section 153-A or subsection (1) of Section 153-B, the order of assessment or reassessment, relating to any assessment year, which stands revived under sub-section (2) of Section 153-A, shall be made within a period of one year from the end of the month of such revival or within the period specified in this section or subsection (1) of Section 153-B, whichever is later." 5. It was submitted that since the AO has failed to frame a final order of assessment on or before 31 March 2017, there exists no justification for the respondents to retain the amounts which had been deposited by the petitioner pending finalization of the assessment proceedings. 6. We note that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s preferred by the petitioner against the orders of the ITAT. In our considerate opinion, the mere pendency of those appeals would clearly not detract from the right of the writ petitioner to claim refunds since those appeals have in any case been rendered infructuous consequent to the period of limitation of framing an order of assessment itself having come to an end. 10. We according allow the instant writ petition and direct the respondents to refund the amounts of INR 31,09,744/- and INR 25,00,000/- along with the interest as may be statutorily payable. 11. We also take on board the statement of learned counsel for the petitioner that in light of the above and since the appeals, i.e., ITA No. 71/2014 and ITA No. 380/2015 have been ren ..... X X X X Extracts X X X X X X X X Extracts X X X X
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