The Assessing Officer has not passed the order giving effect to the order of the Tribunal. On a writ petition the assessee  contended  that the refund for the assessment year 2006-07 due to Flextronics Software Systems Ltd  which was amalgamated with the assessee be refunded with applicable interest on the ground that the assessment for the assessment year 2007-08 was barred by limitation. Allowing the petition the Court held that   passing a fresh assessment order pursuant to the Tribunal’s order dated January 7, 2016, was barred by limitation under the provisions of section 153(3) and 153(4) and the income as returned by the amalgamated company FSS for the assessment year 2007-08 would stand accepted. Consequently, any adjustment that would be made against the refund due to FSS for the assessment year 2006-07 was not sustainable. Therefore, the amount which was due to FSS as refund for the assessment year 2006-07 was to be refunded to the assessee with applicable interest.(AY.2006-07, 2007-08)