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TMI Blog2022 (9) TMI 980X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal is right in law in setting aside the order passed under section 201(1) and 201(1A) of the Act by holding that said orders are time barred by relying on the provision 153(2A) of the Act without appreciating that the provisions of section 153(2A) is applicable only in relation to passing of fresh assessments/re-assessments and not orders passed under section 201(1) and 201(1A) of the Act?" 2. Heard Shri. K.V. Aravind learned standing Counsel for the appellant/Revenue, Shri. T. Suryanarayana, learned Senior Advocate and Smt. Tanmayee Rajkumar, learned Advocate for the respondent. 3. Brief facts of the case are, assessee, a company in the business of breweries, did not deduct taxes at source. The Assessing Authority (TDS), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act because, as on the date of the Assessing Officer's order namely 30.03.2011, as per Section 201(3), the Assessing Officer could pass the orders for the Financial Year commencing on or before 01.04.2007, provided such order was passed on or before 31.03.2011. 5. Opposing the appeal, Shri. Suryanarayana submitted that Assessing Officer has recorded in his order that ITAT, Kolkata had remanded the matter on 26.07.2006, but he did not choose to pass any order till 30.03.2011. It is settled that where no time is specified, the Statutory/Quasi judicial Authority is required to exercise its jurisdiction and pass orders within a reasonable period of time. In support of this contention, he relied upon State of Punjab and others Vs. Bhatin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment is delivered under the proviso to sub-section (3) of section 200, whichever is later." 10. The proviso is unambiguous. For the financial year commencing before 01.04.2007, orders could be passed any time on or before 31.03.2011. Admittedly, the assessment year under consideration is for 1996-97 and the same is prior to financial year before 01.04.2007. In view of the unambiguous language employed by the Legislature, no exception can be taken to the order passed by the Assessing Officer. 11. The authorities relied upon by the learned Senior Advocate for the assessee in support of his contention that the Assessing Officer ought to have passed the orders within a reasonable time do not lend any support to the assessee because, statute p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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