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TMI Blog2024 (1) TMI 1064X X X X Extracts X X X X X X X X Extracts X X X X ..... ue was considered by this Tribunal in M/s. Cantabil Retail India Ltd. Versus ACIT Circle 73 (1) New Delhi [ 2023 (7) TMI 462 - ITAT DELHI ] as the time limitation for passing an order under sub-section (1) to Section 201 i.e deeming the present assessee before us, as an assessee-in-default under sub-section (1) to Section 201 of the Act could have validly been done within a period of 2 years from the end of the financial year in which the statement u/s. 200 was filed by the assessee, i.e., latest by 31.03.2014, as per the law as was then available on the statute, therefore, the order passed by the AO u/ss. 201(1) /201(1A) of the Act, dated 29.03.2018 is clearly barred by limitation. Appeal of assessee allowed. - SH. N. K. BILLAIYA, AC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n ITA No.1476/Del/2020 wherein it held that the amendments brought in the statute w.e.f. 01/10/2014 is prospective. The bone of contention is the order u/s. 201(1) of the Act which is dated 31.10.2019. The TDS return was filed by the assessee on 07.05.2013, therefore, the contention of the assessee that the impugned order is barred by limitation as it expires after two years which means that the order ought to have been framed on or before 31.03.2015 and as the order has been framed on 31.10.2019 it is barred by limitation. 4. A similar issue was considered by this Tribunal in ITA No.1476/Del/2020. The relevant findings read as under :- 7. We have carefully perused the orders of the authorities below. There is no dispute that the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tute vide the Finance Act, 2014, w.e.f. therein enlarging the time limit for passing of an order under sub-section (1) to Section 201 to 7 years from the end of the financial year in which payment is made or credit is given, is clarificatory in nature, therefore, it would be applicable retrospectively and as a consequence thereto the order passed by the Assessing Officer in the case of the assessee u/ss. 201(1)/201(1A) of the Act, dated 29.03.2018 would be saved by limitation. We are unable to persuade ourselves to subscribe to the aforesaid claim of the revenue. As observed by us hereinabove, in the case of the assessee before us the order under sub-section (1) to Section 201 i.e deeming the assessee as an assessee-in-default for failure t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... finality due to bar of limitation prescribed u/s. 149 as was applicable prior to 01.04.1989, then, it would amount to giving subsection (1) a retrospective operation which was neither expressly nor impliedly intended by the amendment so made available on the statute. In fact, we find that the issue before us is squarely covered by the judgment of the Hon ble High Court of Gujarat in the case of Tata Teleservices vs. UOI, 385 ITR 497 (Guj). As in the case before us, the assessee before the Hon ble High Court had received notices dated 09.10.2014 u/ss. 201(1)/201(1A) for Financial Years 2007-08 and 2008-09. It was the claim of the assessee that as it was regularly filing its statements u/s 200 of the Act, therefore, the period of limitation f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01/10/2014 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 section 201(3), as amended by Finance Act No. 2 of 2014 shall not be applicable retr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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