TMI Blog2016 (3) TMI 285X X X X Extracts X X X X X X X X Extracts X X X X ..... he end of the financial year in which statement was filed in a case where the statement referred to in section 200 has been filed. The limitation for initiating action under section 201(1) of the Act, therefore, elapsed on 31st March, 2012 whereas the amendment in section 201 of the Act as amended by Finance Act No.2 of 2014 came into force with effect from 28th May, 2012. The impugned notice, therefore, is clearly barred by limitation and, therefore, cannot be sustained. See Tata Teleservices v. Union of India (2016 (2) TMI 414 - GUJARAT HIGH COURT ) - Decided in favour of assessee - Special Civil Application No. 18383 of 2015 - - - Dated:- 23-2-2016 - Harsha Devani And G R Udhwani, JJ. For the Appellant : Mr R K Patel, Adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicable from 1st October, 2010 to 30th September, 2014, the period to pass the order under section 201(1) of the Act has expired on 1st April, 2012 and as such, the proceedings became time barred on 1st April, 2012 and hence, no orders can be passed as on date under the Act. Therefore, the impugned notices initiating assessment proceedings are without jurisdiction as being barred by limitation. 4. Mr. R.K. Patel, learned advocate for the petitioner invited the attention of the court to an unreported decision of a Division Bench of this court rendered in the case of Tata Teleservices v. Union of India on 5th February, 2016 in Special Civil Application No.1623/2015 and cognate matters whereby the court has held that where the limitation u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1/3/.2011 and 31/3/2012, respectively, much prior to the amendment in section 201 as amended by Finance Act, 2014 and therefore, as such a right has been accrued in favour of the assessee and considering the fact that wherever legislature wanted to give retrospective effect so specifically provided while amending section 201(3)(ii) of the Act as was amended by Finance Act, 2012 with retrospective effect from 1/4/2010, it is to be held that section 201(3), as amended by Finance Act No.2 of 2014 shall not be applicable retrospectively and therefore, no order under section 201(i) of the Act can be passed for which limitation had already expired prior to amended section 201(3) as amended by Finance Act No.2 of 2014. Under the circumstances, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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