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Income Tax - Highlights / Catch Notes

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Refund of the amount as deposited by the assesse towards part ...


Court Orders Refund of Deposits with Interest Due to Missed Tax Assessment Deadline by Assessing Officer.

March 21, 2024

Case Laws     Income Tax     HC

Refund of the amount as deposited by the assesse towards part payment of demand raised - Time limit for completion of assessment, reassessment and recomputation - The High court referred to Section 153(5) and (7) of the Income Tax Act, 1961. It noted that since the remit ordered by the ITAT was prior to June 1, 2016, it was the AO's duty to frame final assessment orders by March 31, 2017. - Given the AO's failure to meet the statutory deadline for framing assessment orders, the court found no justification for the respondents to retain the deposited amounts. - The court allowed the petition and directed the respondents to refund the amounts along with applicable interest.

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