9911796707
TMI Blog2016 (6) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... petition) issued by the respondent and all proceedings pursuant thereto including the order dated 23rd April, 2015 (Annexure 'Q' to the petition) passed under section 201 of the Income Tax Act, 1961 (hereinafter referred to as "the Act') as being barred by limitation and, therefore, without jurisdiction. 3. The petitioner is engaged in the business of development of infrastructure facility on BOT basis. It is the case of the petitioner that it is regularly filing income-tax returns and complying with the provisions in respect of TDS. In February, 2011, the then Assessing Officer issued a showcause notice calling upon the petitioner to explain, amongst other issues, as to why no tax had been deducted at source from the payment of Rs. 70,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n default for the alleged failure to deduct tax at source amounting to Rs. 6,70,80,235/- from the payment of Rs. 70,00,00,000/- made to MSRDC for and on behalf of the Government of Maharashtra. The Assessing Officer also charged interest under section 201(1A) for a sum of Rs. 5,89,25,714/- and raised a demand of Rs. 12,60,65,949/-. Being aggrieved, the petitioner has filed the present petition challenging the impugned notices under section 201 of the Act as well as all proceedings pursuant thereto. 4. Mr. R.K. Patel, learned advocate for the petitioner invited the attention of the court to an unreported decision of a Division Bench of this court rendered in the case of Tata Teleservices v. Union of India on 5th February, 2016 in Special C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14, it has been specifically mentioned that the same shall be applicable w.e.f. 1/10/2014 and even considering the fact that proceedings for F.Y.2007-08 and 2008-09 had become time barred and/or for the aforesaid financial years, limitation under section 201(3)(i) of the Act had already expired on 31/3/.2011 and 31/3/2012, respectively, much prior to the amendment in section 201 as amended by Finance Act, 2014 and therefore, as such a right has been accrued in favour of the assessee and considering the fact that wherever legislature wanted to give retrospective effect so specifically provided while amending section 201(3)(ii) of the Act as was amended by Finance Act, 2012 with retrospective effect from 1/4/2010, it is to be held that sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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