2023 (2) TMI 924

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....etitioner. The same is taken on record. Registry is directed to tag the same at appropriate place. 2. The petitioner has approached this Court by way of present writ petition under Article 226 of the Constitution of India praying for grant of writ in the nature of mandamus seeking directions to respondent No.1 to refund the amount deposited by the petitioner in compliance of the condition imposed by Income Tax Appellate Tribunal (hereinafter referred to as 'ITAT'). 3. The assessee is a company incorporated under the provisions of Companies Act, 1956. For the assessment year 2009-10, the assessee filed returned income of INR 55,62,46,132 and claimed refund of INR 8,00,03,940. The case was picked for scrutiny assessment. Draft a....

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....iability on the admitted depreciation disallowance of INR 33,91,637. It has been asserted that the assessment proceedings having become time barred as per provisions of the Act, the petitioner is entitled for the refund. 6. The facts are not in dispute. As per reply filed on behalf of respondent No.1, it is admitted that time limit to pass the assessment order was 31.03.2017. Relevant pleadings in the written statement read as under:- "That the Hon'ble ITAT, New Delhi in its order vide No.ITA/385/Del/2014 dated 21.10.2014 remanded back the order of the AO passed/s 143(3)/144C dated 18.12.2013 back to TPO and no order has been passed in pursuance of Hon'ble ITAT's Direction. The time limit to pass the assessment in th....