2019 (6) TMI 1101

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..... J.B.PARDIWALA) This Tax Appeal is admitted on the following substantial questions of law: "[A] Whether on the facts and in the circumstances of the case and in law, the Appellate Tribunal is right in dismissing the appeal of the Revenue without appreciating the fact that Section 201(3) of the Act was amended by the Finance Act, 2012 with retrospective effect from 01/04/2010 whereby the limita .....

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..... mpany during the period under consideration, which was constituted as deemed dividend u/s. 2(22)(e) of the Act. [C] Whether on the facts and in the circumstances of the case and in law, the Appellate Tribunal is right in dismissing the appeal of the Revenue without appreciating the fact that the assessee had not deducted the tax at source as required under the provisions of Section 194 of the A .....

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..... no order under Section 201(1) of the Act can be passed for which limitation had already expired prior to amended Section 201(3) as amended by the Finance Act NO.2 of 2014" whereas the assessment year involved in the case of the assessee is A.Y. 201011 and the assessee had not deducted the tax at source as required under the provisions of Section 194 of the Act and accordingly as per the amended pr .....

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