2022 (11) TMI 1505 - HC - Income Tax

Validity of assessment u/s 144C - applicability of time limit prescribed u/s 153 Validity of assessment order passed beyond time limit provided under the third proviso to Section 153(1) - HELD THAT - Both learned counsel agree that the issue that arise in these writ petitions is covered by decisions of this Court in the case of Roca Bathroom Products Private Ltd. Vs. The Dispute Resolution Panel-2 and Others 2021 (4) TMI 355 - MADRAS HIGH COURT confirmed by the Division Bench in the case of The Commissioner of Income Tax and Another Vs. Roca Bathroom Products Private Limited 2022 (6) TMI 848 - MADRAS HIGH COURT . Respondents submits that the Department intends to challenge the decision in writ appeal before the Hon'ble Supreme Court. In light of the aforesaid, impugned orders dated 18.03.2020 12.03.2021 are set aside and mandamus as sought for is issued to the Assessing Authority to compute the refund and pay over the same to the petitioners within a period of eight weeks from date of receipt of a copy of this order.

Summary

The High Court of Madras issued an order setting aside impugned orders and mandating the Assessing Authority to compute and pay the refund to the petitioners within eight weeks. The decision is based on previous court rulings and the Department's intention to challenge in the Supreme Court. The writ petitions were allowed with no costs.