2018 (11) TMI 40

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....R ORDER PER AMIT SHUKLA, J.M. The aforesaid appeal has been filed by the assessee against the impugned order dated 23.3.2015 passed by Ld. CIT(Appeals) 41, New Delhi in relation to order passed u/s 201(1)/201(1A) for the assessment year 2002-03 and 2003-04. 2. Before us assessee has challenged the tax liability u/s 201(1) and interest u/s 201(1A) of Rs. 38,520/- and Rs. 37,461/-, respe....

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....as revealed that assessee has deducted the tax on Rs. 15,90,000/-, but the profit and loss account does not reflect any such figure. After asking for the details of contract given and debited in the profit and loss account, assessee filed copy of ledger account under the head "purchases" which shows purchase of Rs. 32,07,861/- was shown, wherein amount debited to profit and loss also reflects main....

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....at Hon'ble Delhi High Court, earlier in the case of CIT vs. NHK Japan Broadcasting Corporation 305 ITR 137 has held that action for treating the assessee as 'assessee in default' u/s 201(1) must be initiated within a reasonable period even though the section does not prescribe time limit. Their Lordships have held that reasonable time period should be four years which they have held after referrin....

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....T circular had come up for consideration before the Hon'ble Delhi High Court in the case of Vodafone Essar Mobile Services vs. Union of India (supra) wherein Hon'ble High Court after detailed discussion referring to the catena of judgments held that CBDT Circular No. 5 of 2011, clarifying that the proviso to section 201(3) which was made to extend the time limit of completing the proceedings and p....