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TMI Blog2024 (3) TMI 950X X X X Extracts X X X X X X X X Extracts X X X X ..... nt from a reading of Section 153(5) of the Act, the same deals with contingencies where the matter may have been remitted by the ITAT to other authorities, including the TPO wholly or in part, for the purposes of making a fresh assessment. Dealing with such a contingency, sub-section (5) of Section 153 of the Act provides that effect to such an order of the ITAT would have to be given within a period of three months from the end of the month in which that order is received. However, and insofar as the present case is concerned, it would clearly be governed by sub-section (7) of Section 153 of the Act since the matter itself relates to an order passed by the authority prior to 1 June 2016. Since the remit ordered by the ITAT, admittedly, was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce 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 which were addressed observed as under:-. Learned counsel for the writ petitioner contends ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 possible for the Assessing Officer [or the Transfer Pricing Officer, as the case may be,] to give effect to such order w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 factum of the AO having not framed a final assessment order pursuant to the judgment of the ITAT dated 31 May 2013 and 14 November ..... X X X X Extracts X X X X X X X X Extracts X X X X
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