2026 (1) TMI 1571

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....nd Smt. Manasa Ananthan, learned counsel for Ms. Tanmayee Rajkumar, learned counsel for the respondent. 2. This intra-court appeal is filed by the Revenue assailing the order dated 21.08.2025 passed in Writ Petition No. 4474/2024. 3. In the case of the respondent-assessee, the assessment was completed under Section 143(3) of the Income-tax Act, 1961 (for short, 'the Act') on 25.11.2008. The said assessment order was the subject matter of an appeal before the Income-tax Appellate Tribunal, Bengaluru (for short, 'the Tribunal') in ITA No.173/Bang/2012. The Tribunal, by order dated 16.09.2016, restored the matter to the Assessing Officer with a direction to exclude certain companies from the list of comparables. However, the Assessing Of....

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....ng for Ms. Tanmayee Rajkumar, learned counsel for the respondent-assessee, submits that the order of remand was passed by the Tribunal on 16.09.2016. It is contended that the Assessing Officer has failed to give effect to the said order even after a lapse of ten years. Learned counsel submits that, even assuming that no period of limitation is prescribed, as contended by the Revenue, the order giving effect to the Tribunal's decision ought to have been passed within a reasonable time. 5.1 Learned counsel further submits that the amendment to Section 153 of the Act came into force with effect from 01.06.2016, which is prior to the order of the Tribunal dated 16.09.2016, and therefore, the amended provision would be applicable, the amendme....