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TMI Blog2023 (3) TMI 220X X X X Extracts X X X X X X X X Extracts X X X X ..... s not been passed, there is no requirement to file any counter affidavit. The contention that passing fresh assessment order pursuant to the Tribunal s order dated 07.01.2016, is barred under the provisions to Section 153(3) and 153(4) of the Act, is merited. We also find merit in the contention that the income as returned by FSSL for the Assessment Year 2007-08 would stand accepted. Consequently, any adjustment made for the refund due to FSSL for the assessment year 2006-07 is not sustainable. It is, accordingly, directed that the said amount, which was due as a refund for the assessment year 2006-07 be refunded to the petitioner along with interest as applicable within a period of eight weeks from today. We also express our displeasure in the manner the present matter has been dealt with by the concerned officer. - HON'BLE MR. JUSTICE VIBHU BAKHRU AND HON'BLE MR. JUSTICE AMIT MAHAJAN For the Petitioner : Mr Ajay Vohra, Senior Advocate with Mr Saksham Singhal, Advocate. For the Respondents : Mr Sanjay Kumar with Ms Hemlata Rawat, Advocates. VIBHU BAKHRU, J.(Oral) 1. The petitioner has filed the present petition, inter alia, praying that direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isallowance of deduction claimed under Section 10B of the Act, was remanded to the Assessing Officer to decide afresh in the light of the observations made in the order. The relevant extract of the Tribunal s order dated 07.01.2016 directing as above is reproduced below: 16. Accordingly we set aside the issue in respect of TP adjustment to the file of TPO for denovo adjudication. Needless to say, the assessee will be allowed a reasonable opportunity of being heard in such proceedings. Thus grounds raised are therefore allowed for statistical purposes. xxxx xxxx xxxx 22. Grounds 4 to 4.1 relate to disallowance of deduction of Rs.1,77,78,93,207/- under section 10B of the Act. 23. The facts in brief as relevant to the instant year are that units of the assessee company are set up in Software Technology Park of India. These units have been claiming provision under section 80HHE of the Act and from assessment year 2002-03 under section 10B of the Act. The AO following the order passed for assessment year 2003-04 giving effect the order u/s 263 of the Act passed by the Commissioner of Income Tax in that year has denied deduction u/s 10B of the Act. In the said order u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or any interference especially when the question (whether the assessee) satisfies the pre-requisites stipulated for the purpose of getting benefit under s. 10A is a matter left to be determined by the AO. So also the entitlement of the assessee to seek deduction under s. 80HHE having been left to be determined by the AO, subject to assessee s satisfying the pre-requisites stipulated for the grant of such a benefit under the said provision. No question of law much less a substantial question of law arises for our consideration in this appeal to warrant its admission. The appeal is accordingly dismissed in limine. 9. Respectfully following the precedent as above, we set aside the order of Assessing Officer and remit the issue back to his file to consider the issue afresh in light of the above discussion. Needless to add assessee should be granted adequate opportunity of being hearing. 26. Further appeal filed by revenue in ITA No. 1071/2011 for assessment year 2006-07 stands dismissed by Hon ble High Court in an order dated 20.12.2011. Accordingly, we set aside the assessment order and restore the issue to the file of Assessing officer to consider the issue afresh in ligh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 06.2016 and the provision regarding limitation for framing an assessment pursuant to any order passed inter alia under Section 254 of the Act was included under sub-section (3) of Section 153 of the Act. Sub-sections (3) and (4) of the Section 153 of the Act as applicable for framing the assessment pursuant to the order dated 07.01.2016 passed by the Tribunal read as under: 153. (3) Notwithstanding anything contained in sub-sections (1) and (2), an order of fresh assessment in pursuance of an order under section 254 or section 263 or section 264, setting aside or cancelling an assessment, may be made at any time before the expiry of nine months from the end of the financial year in which the order under section 254 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the Principal Commissioner or Commissioner. .. (4) Notwithstanding anything contained in sub-sections (1), (2) and (3), where a reference under sub-section (1) of section 92CA is made during the course of the proceeding for the assessment or reassessment, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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