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Oct 17, 2023

Represented TNS India Pvt. Ltd. before Telangana HC

We represented TNS India Pvt. Ltd. before Telangana HC and were successful in getting the consequential order passed by the AO post remand from appellate authorities quashed, given that the said order was not passed within the stipulated time period under the Income-tax Act, 1961. The Hon’ble Court also rejected that argument put forth by the department that the limitation prescribed is only directory not mandatory due to the use of the term ‘may’. As the consequential orders are quashed, the assessee goes back to return position and is eligible for refund.

 

The judgment is reported in https://www.taxsutra.com/tp/rulings/hc-interprets-sec153-quashes-assessment-order-passed-beyond-limitation-prescribed

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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