2016 (3) TMI 285

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....01(1A) of the Income Tax Act, 1961 (hereinafter referred to as "the Act") for financial year 2008- 2009 relevant to assessment year 2009-2010 as being barred by limitation and, therefore, being wholly without jurisdiction. 3. The petitioner is a company engaged in the business of manufacturing and selling pharmaceutical products. The petitioner was regularly filing income-tax returns and complying with the provisions in respect of TDS (Tax Deducted at Source). The second respondent issued the impugned notice to the petitioner under section 201(1)/201(1A) of the Act deeming the petitioner to be an "assessee in default" for non-deduction of tax at source in respect of payments made to certain domestic parties for assessment year 2009-2010 re....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion 200 of the Act and hence, the limitation under section 201(3)(i) of the Act had already expired on 31st March, 2012 and hence, the petition deserves to be allowed. 5. On the other hand, Mrs. Mauna Bhatt, learned senior standing counsel for the respondent is not in a position to dispute the aforesaid position of law. 6. This court in Tata Teleservices v. Union of India (supra), while considering a controversy similar to the one involved in the present case, in paragraph 15 of the decision observed thus:- "15.00. Considering the law laid down by the Hon'ble Supreme Court in the aforesaid decisions, to the facts of the case on hand and more particularly considering the fact that while amending section 201 by Finance Act, 2014, it has b....