Allowing the petition, the Court held that the Assessing Officer had failed to comply with remand order made by Tribunal even after lapse of substantial period of 12 years and even after receiving assesse’s letter to department in that regard, assessment became time barred and, thus, revenue was to be directed to issue refund along with interest under section 244A of the Act. [BP 1-4-1996 to 13-8-2002]
Lakhpatrai Agarwal v. ACIT [2023] 149 taxmann.com 348 / 292 Taxman 282 (Bom)(HC)
S. 153 : Assessment-Reassessment-Limitation-Remand-Failure to comply with remand order made by Tribunal – Delay of 12 years – Assessment became time barred – Directed the Revenue to refund the amount along with interest under section 244A of the Act. [S. 132, 153(3), 158BC, 244A, Art. 226]