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