2021 (4) TMI 1173

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.... Mr. J. D. Mistri, Senior Advocate a/w Mr. Niraj Sheth, Mr. Gunjan Kakad i/b. Mr. Atul K. Jasani, for the Petitioners Mr. Ashok Kotangale a/w Mr. P. A. Narayanan, Advocate, for the Respondents (THROUGH VIDEO CONFERENCING) P. C. Heard learned counsel for the parties. 2. Learned senior advocate appearing for the Petitioners submits that impugned order dated 31.03.2021 is misconceive....

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....ction 201 erroneously stating that assessment orders had been passed in Petitioners' case in the earlier orders, where it had been found that GIA US being the holding company of the petitioners had permanent establishment in India doing business through Petitioners and therefore, Petitioners were required to deduct tax at source. In response to the same, Petitioners had pointed out, details called....

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....r has been passed in March 2021, suddenly without hearing. He submits, it may be that there is no express limitation for passing the orders, however, it is a settled position that wherever no time limit is provided for, action has to be taken within the reasonable time. He submits that tribunal in the case of DIT V/s. Mahindra and Mahindra Ltd. (2014) 365 ITR 560 (Bom) has referred to that the com....

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....n for passing order under Section 201 is governed by Section 201(3) of the Income Tax Act which is as under :- "No order shall be made under sub-section (1) deeming a person to be an assessee in default 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 seven years from the end of the financial year in which payment is m....