2025 (8) TMI 1114

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....of the learned Single Judge in W.P. No. 16223/2023 dated 05.02.2024. 2. The brief facts of the case are that: The petitioner is a Private Limited Company, engaged in manufacturing and trading of wood working machine, components and related services. The assessee filed return of income on 30.11.2012 for the Assessment Year 2012-13. The assessment came to be completed under Section 143(3) read with Section 144C(13) of the Income Tax Act, 1961 (for short "the Act") on 31.01.2017 and demand notice under Section 156 of the Act came to be issued. The assessee aggrieved, preferred an appeal before the Income Tax Appellate Tribunal at Bangalore (for short "Tribunal"). The Tribunal, by order dated 07.07.2017, while allowing the appeal pa....

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....order giving effect is governed by time limit as prescribed prior to the amendment. It is his submission that in view of sub-clause (2) to sub-Section (3) to Section 153 of the Act that the order giving effect can be made at any time. Hence, it is submitted that the finding of the learned Single Judge that the order giving effect at Annexure-P dated 23.08.2023 holding it as time barred is incorrect. 5. Per contra, Sri. Tata Krishna, learned counsel appearing for the respondent-assessee submits that the order of assessment, subject matter of the writ petition was passed on 31.01.2017 though for the assessment year 2012-13, the provisions of sub-Section (9) to Section 153 of the Act are attracted. Learned counsel submits that as per sub-Se....