TMI Blog2022 (2) TMI 235X X X X Extracts X X X X X X X X Extracts X X X X ..... d provision. [See: 'S.S.GADGIL VS. LAL CO. [ 1964 (4) TMI 19 - SUPREME COURT] and 'K.M.SHARMA VS. ITO',[ 2002 (4) TMI 7 - SUPREME COURT] ]. In the instant case, admittedly, the statement referred to u/s 200 of the Act has been filed. A finding of fact in this regard has been recorded by the Commissioner of Income Tax (Appeals) as well as by the Tribunal. The limitation of 2 years as prescribed in Section 201(1A)(3) of the Act as it existed prior to its substitution by Act No.2/2014 applies to the facts of the case. The limitation to pass an order under Section 201(1A) of the Act expired prior to Finance Act No.2/2014, which came into force with effect from 01.10.2014. Thus, a right accrued to the assessee and the subsequen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal is right in confirming the order of the CIT(A) cancelling the order passed under Section 201(1) and 201(1A) of the Act by erroneously holding that the said orders are barred by limitation even though the period of limitation applicable is 7 years and not 2 years as held by the Tribunal? 3. Whether on the facts and in the circumstances of the case and in law, the Tribunal is right in law in confirming the order of the CIT(A) cancelling the order passed under Section 201(1) and 201(1A) of the Act by erroneously holding that said orders are barred by limitation holding that as per law it prevailed prior to amendment to Section 201(3) by Finance Act No.2 of 2014 is considered? 2. Facts leading to filing of this appeal b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 28.09.2017 allowed the appeal preferred by the assessee and inter alia held that limitation prescribed under Section 201(3) of the Act as it existed prior to amendment vide Finance Act No.2/2014 apply to the case of the assessee and the limitation to pass the orders under Section 201 of the Act expired prior to coming into force the Amendment. It was further held that amendment Act No.2/2014 was prospective in nature and therefore, proceeding under Section 201 of the Act was barred by limitation. The Revenue, thereupon, preferred an appeal before the Income Tax Appellate Tribunal (hereinafter referred to as 'the tribunal' for short). The Tribunal by an order dated 14.09.2018 dismissed the appeal preferred by the Revenue. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arred by limitation. 6. We have considered the submissions made on both sides and have perused the record. Section 201(1A)(3) of the Act as it stood prior to its substitution by Finance Act No.2/2014 with effect from 01.10.2014 reads as under: (3) No order shall be made under sub-Section (1) deeming a person to be an assesee in default for failure to deduct the whole or any part of the tax from a person resident in India, at any time after the expiry of - (i) two years from the end of the financial year in which the statement referred to in Section 200 has been filed. (ii) six years from the end of the financial year in which payment is made or credit is given, in any other case. The aforesaid provision was amended wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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