TMI Blog2021 (9) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... ion Ltd [ 2007 (10) TMI 300 - SUPREME COURT] and DIT (International Taxation) vs. Mahindra Mahindra Ltd. [ 2014 (7) TMI 265 - BOMBAY HIGH COURT] we feel that order was not passed within a reasonable time by the AO and hence, the Tribunal has taken a view which does not fall under the rectification proceedings u/s.254(2) of the Act. Miscellaneous application of the Revenue is dismissed. - Miscellaneous Application No.124/Chny/2020 in I.T.A.No.2497/CHNY/2018 - - - Dated:- 26-8-2021 - Shri Mahavir Singh, Vice President And Shri S. Jayaraman, Accountant Member For the Applicant : Shri G. Johnson, Addl.CIT For the Respondent : Shri I. Dinesh, Advocate ORDER PER MAHAVIR SINGH, VICE PRESIDENT: This Misc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vs. Mahindra Mahindra Ltd., [2014] 48 taxmann.com150 (Bombay), dated 03.07.2014. He stated that Hon ble Bombay High Court in the case of Mahindra Mahindra Ltd., has dealt with this issue, wherein under challenge was the order passed u/s.201(1) 201(1A) of the Act, wherein Hon ble Bombay High Court has considered reasonableness of time limit and deliberated in Para No.35 36 as under:- 35 Once same provisions are invoked in the present case, then, the Honourable Delhi High Court, with respect, rightly concluded that though Section 201 does not prescribe any limitation period for the Assessee being declared as an Assessee in Default yet the Revenue will have to exercise the powers in that regard within a reasonable time. In such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. We have heard rival contentions and perused the case laws. It is noticed that the admitted fact is that the assessment year involved is 2010- 11 and order u/s.201(1) 201(1A) of the Act was passed on 31.03.2017. The Tribunal has applied the test propounded by various decisions of Hon ble High Courts and Hon ble Supreme Court cited supra. We noted that the AO has passed order u/s.201(1) 201(1A) of the Act, almost after six years. After considering the submissions of the assessee and judgments relied upon by the ld. Counsel for the assessee of Hon ble High Court of Himachal Pradesh in the case of CIT vs. Satluj Jal Vidyut Nigam Ltd., supra, Hon ble Supreme Court in the case of State of Punjab Ors. Vs. Bhatinda District Coop Milk ..... X X X X Extracts X X X X X X X X Extracts X X X X
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