TMI Blog2017 (8) TMI 1684X X X X Extracts X X X X X X X X Extracts X X X X ..... [ 2017 (7) TMI 664 - ALLAHABAD HIGH COURT ] In State of Orissa Versus Debaki Debi [ 1963 (10) TMI 17 - SUPREME COURT ], S. B. Gurbaksh Singh Versus Union of India [ 1976 (1) TMI 153 - SUPREME COURT ] and CST Versus Halari Store [ 1997 (9) TMI 516 - SUPREME COURT ] Court said that a power conferred without any time limit, if not exercised within reasonable time, unreasonable delay in exercise may e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of power. In the light of aforesaid we answer the question in favour of Revenue and against Assessee. - Income Tax Appeal No. 108 of 2015, 114 of 2015, 115 of 2015 - - - Dated:- 22-8-2017 - Hon'ble Sudhir Agarwal And Hon'ble Ravindra Nath MishraII JJ. For the Appellant : Alok Mathur For the Respondent : Namit Sharma ORDER 1. Heard Sri Alok Mathur, learned counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 961 is time barred despite subsection (3) of Section 201 expressly not providing for such time barring dale for charging of interest u/s 201(1A) of the Act. 4. The aforesaid question has already been considered by this Court in its judgment dated 10.07.2017 passed in Writ Petition (MB) No. 1088 of 2016 (M/s Mass Awash Private Limited Vs Commissioner of Income Tax (International Taxation) and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se would depend on the facts and circumstances of each case. In State of Punjab and others Versus Bhatinda District Cooperative Milk Producers Union Limited (supra), Court said that what a reasonable period would be, it will depend on the nature of statute, rights and liabilities thereunder and other relevant factors. In State of Orissa Versus Debaki Debi (supra), S. B. Gurbaksh Singh Versus Union ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1(1A) of Act, 1961, in the case in hand, can it be said to be an exercise of power with unreasonable delay so as to invalidate such exercise of power. 6. In the light of aforesaid we answer the question in favour of Revenue and against Assessee. Judgment of Tribunal to this extent is hereby set aside and only on this aspect matter is remanded to Tribunal to reconsider the question in the ligh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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