2026 (3) TMI 491

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....Rajkumar, Advocate For C/R). ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Heard Y.V. Raviraj, learned Senior Standing Counsel for the appellants-Revenue and Smt. Tanmayee Rajkumar, learned counsel for the respondent-Assessee. 2. This intra-court appeal, filed under Section 4 of the High Court Act, 1961, by the Revenue, calls in question the order dated 11.09.2025 passed in W.P. No.14156/2025. 3. The brief facts, as stated, are that the respondent- assessee filed its return of income for the Assessment Year 2003-04, pursuant to which a scrutiny assessment was concluded involving transfer pricing adjustments. Aggrieved, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals) [for short, "C....

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....r the refund of the amount with applicable interest within a period of three months. 4. Sri Y.V. Raviraj, learned Senior Standing Counsel appearing for the appellants-Revenue, submits that the assessment year involved is 2003-04. It is contended that the Tribunal passed the order remanding certain issues to the Transfer Pricing Officer on 03.04.2017. Learned counsel submits that Section 153 of the Act has undergone amendment with effect from 01.06.2016. 4.1 It is further submitted that, in view of Section 153(9), the provisions of Section 153 of the Act as they stood immediately prior to the commencement of the Finance Act, 2016 shall apply to, and in relation to, any order of assessment, reassessment or re-computation made before 01.....

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....itation was prescribed for passing an order giving effect to an order of remand made by the Tribunal. However, by virtue of the amendment introduced by the Finance Act, 2016, specific time limits have been prescribed. In one contingency, the limitation is three months from the end of the month in which the order of the Tribunal is received, and in another, it is nine months. If the amended provisions are held applicable, the time prescribed for giving effect to the order of the Tribunal dated 03.04.2017 is no longer available as on date. 8. It is submitted at the Bar that, as on date, no order giving effect to the order of the Tribunal has been passed. Even assuming the contention of the Revenue that, prior to the amendment, no period of....