TMI Blog2021 (4) TMI 1173X X X X Extracts X X X X X X X X Extracts X X X X ..... mits that the notice dated 08.03.2021 is within the prescribed period of limitation of seven years as above. As submitted on behalf of the petitioners that the Respondents have not been able to show, as to how this provision would hold the present facts and circumstances when reference herein is to payment to non-residents and not to residents as contemplated in the said sub-section. In view of aforesaid, prima facie, there appears to be some substance in the Petitioners submissions. Hence, rule. Rule is made returnable early. Put up the matters for hearing in the 2nd week of July, 2021. In the meanwhile, there shall be no coercive action pursuant to impugned order/notices. - WRIT PETITION (L) NO. 9670 OF 2021 and WRIT PETITION ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent establishment in India doing business through Petitioners and therefore, Petitioners were required to deduct tax at source. In response to the same, Petitioners had pointed out, details called for were submitted and petitioners had also submitted balance of details, for pointing out that there had been no assessment orders passed in its case. It had been specifically pointed out that the tribunal in the case of GIA US under order dated 21.06.2019 had held that there was no permanent establishment of GIA US in India and that matter with regard subsequent assessment year is pending decision. There was no default on the part of Petitioners under Section 201 of the Act. Findings of the tribunal would be applicable. Petitioners had requested ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 201(3) of the Income Tax Act which is as under :- No order shall be made under sub-section (1) deeming a person to be an assessee 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 seven years from the end of the financial year in which payment is made or credit is given / or two years from the end of the financial year in which the correction statement is delivered under the proviso to sub-section (3) of section 200, whichever is later . 6. He, therefore, submits that the notice dated 08.03.2021 is within the prescribed period of limitation of seven years as above. 7. However, it is submitted on behalf of the petitioners that the Respondents have n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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