Limitation for Tribunal remand in transfer pricing governed by Section 153(3)/(5), not Section 153(4); refund ordered with interest.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Remand by a tribunal to the Transfer Pricing Officer is legally distinct from a reference initiated by the Assessing Officer; therefore the time-limit for giving effect to a tribunal remand is governed by the statutory provision applicable to fresh orders on appellate remand (the provision corresponding to Section 153(3) and the related giving-effect provision) and not by the extension mechanism that applies only to AO references. Applying the jurisdictional nature of limitation, the court found the period to give effect had expired on 31-03-2024, quashed the communication rejecting refund and directed payment of the excess tax with interest and timelines for compliance.....