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TMI Blog2017 (4) TMI 1106X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under Section 201 (1)/201(1A) of the Income Tax Act, 1961. The matter relates to the Assessment Year 2009-2010. The petitioner as an employer was required to deduct tax at source and to file quarterly returns. The petitioner for the 4th quarter of the Financial Year 2008-2009 submitted the TDS return on 12.6.2009 for the period 1.1.2009 to 31.3.2009. In connection with the aforesaid return, the impugned notice has been issued requiring certain information from the petitioner. The submission of Shri Dhruv Agarwal, learned counsel for the petitioner, is that in view of Section 201 (3) of the Act as it stood at the relevant time, the respondents have ceased to have any authority of law to pass any order in connection with the above retu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time when the TDS return was filed. Admittedly, at that time, Section 201(3) of the Act was as under:- "(3) No order shall be made under sub section (1) deeming a person to be an assessee in defaulter 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- (i) two years from the end of the financial year in which the statement is filed in a case where the statement referred to in Section 200 has been filed. (ii) four years from the end of the financial year in which payment is made or credit is given, in any other case." Provided that such order for a financial year commencing on or before the first day of April, 2007 may be passed at any time on or before the 31st d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed retrospectivity w.e.f. 1.4.1952 and cannot be applied to affect the vested rights which have accrued to the assessee prior to 1.4.1952. In other words, any right which had vested in the assessee due to the conclusiveness of any proceedings cannot be taken away by the subsequent amendment. In S.S. Gadgil v. Lal and Co. (1964) 53 ITR 231 (SC), again the question of retrospectivity of the third proviso of 1956 Amendment came up for consideration before the Supreme Court regarding the right to commence proceedings for assessment against the assessee. It was held that such a right of the Income Tax Officer having already come to an end before the amendment by the Finance Act of 1956, the amending provision will not assist him to commence pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d any expression in the Act which may give retrospectivity to the amendment to Section 201 (3) of the Act as introduced by the Finance Act No.2 of 2014 which came into effect on 1.10.2014. In addition to the above, the aforesaid provision of Section 201 (3) of the Act as amended by the Finance Act 2014 came up for consideration before the Division Bench of the Gujrat High Court in the case of Tata Teli Services vs. Union of India and others decided on 5.2.2016 and it has been specifically held that aforesaid amendment is not retrospective in nature and that a right which has accrued to the assessee prior to the aforesaid amendment cannot be affected by amendment. In view of the above, we are of the considered opinion that the provision of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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