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2015 (11) TMI 408 - DELHI HIGH COURT

2015 (11) TMI 408 - DELHI HIGH COURT - [2015] 376 ITR 411 (Del) - Validity of notice issued under section 201(1)/201(1A) - whether the said notice was time barred in view of the provisions of section 201(3) as it then existed? - Held that:- In the present case, no new information has come and the impugned notice that was issued on January 20, 2015, was on the basis of the same information in respect of which the notice dated February 17, 2014, had been issued. Thus, those proceedings which had e .....

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ed January 20, 2015, and subsequent order dated March 17, 2015, cannot be sustained. The same are set aside. The writ petition is allowed. - W. P. (C.) No. 3075 of 2015 and C. M. No. 5493 of 2015. - Dated:- 9-7-2015 - BADAR DURREZ AHMED and SANJEEV SACHDEVA, JJ. M. S. Syali, Senior Advocate, with Mayank Nagi, Tarun Singh and Chanakya Sharma, Advocates, for the petitioner. N. P. Sahi, Advocate, for the respondent. JUDGMENT 1. This writ petition is directed against the notice dated January 20, 201 .....

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ecember 5, 2014, to the following effect : "In this writ petition, the petitioner challenges the notice dated February 17, 2014, issued by the Deputy Commissioner of Income- tax-Circle 51(1) under section 201 of the Income-tax Act in respect of the financial year 2007-08. The order dated March 14, 2014, pursuant to the said notice, is also under challenge. One of the points raised by the petitioner was of limitation. The learned counsel for the petitioner drew our attention to section 201(3 .....

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tice dated February 17, 2014, as also the order dated March 14, 2014, cannot survive. They are set aside. The writ petition is allowed to the aforesaid extent. We make it clear that we have not examined the merits of the matter from any other stand-point. There shall be no order as to costs. All pending applications also stand disposed of." 2. From the above order, it is clear that this court held that the said notice dated February 17, 2014, was time barred in view of the provisions of sec .....

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31 (SC) which has been subsequently followed in several other decisions of the Supreme Court including K. M. Sharma v. ITO [2002] 254 ITR 772 (SC) and National Agricultural Co- operative Marketing Federation of India Ltd. v. Union of India [2003] 260 ITR 548 (SC) to submit that the limitation prescribed by the Income-tax Act was not mere a period of limitation but that it imposes a fetter upon the power of the Assessing Officer to take action under the said provisions. In this context, it was su .....

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