During scrutiny, Assessing Officer made certain disallowances and passed final assessment order. Tribunal stayed said order and directed assessee to deposit an amount of Rs. 10 crores.  Later, matter was remanded to Assessing Officer.   As per remand order, Assessing Officer was required to pass assessment order by 31-3-2017. The assessee was not granted the refund of the amount. On writ the Court held that since time limit for passing fresh assessment order had expired and assessee admitted disallowance with respect to depreciation before Tribunal, revenue was directed to refund excess amount deposited by assessee after deducting tax liability with respect to depreciation disallowance.  (AY. 2009-10)