IT Department’s Order Quashed as Giving Effect Order Was Passed Beyond Section 153(5) Time Limit

Nomura Rresearch Institute Financial Technologies India Pvt. Ltd Vs Union of India (Calcutta High Court)

Summary : The Court held that the order dated 9 December 2025 passed by the Assessing Officer giving effect to the appellate order for AY 2017-18 was barred by limitation under Section 153(5) of the Income Tax Act and was therefore void. The Commissioner of Income Tax (Appeals) had allowed the assessee’s appeal on 16 August 2022, and the order was received by the Commissioner on 31 August 2022. Consequently, the Assessing Officer was statutorily required to pass the giving effect order by 30 November 2022. Since the department failed to do so and no extension was sought under the proviso to Section 153(5), the subsequent order passed after more than three years was held to be a nullity. Rejecting the plea of administrative restructuring as justification for delay, the Court quashed the impugned order and directed refund of ₹96,69,710 along with interest under Section 244A from 1 December 2022 until actual payment.

Core Issue. The principal issue before the High Court was whether the order dated 09.12.2025 passed by the Assessing Officer giving effect to the CIT(A)’s appellate order dated 16.08.2022 was barred by limitation under section 153(5) of the Income-tax Act and therefore void. A consequential issue was whether the assessee was entitled to refund of the tax retained by the department together with interest under section 244A.