2023 (7) TMI 1216

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....e Chief Justice And Honourable Mr. Justice Partha Sarthy For the Appellant/s : Smt. Archana Sinha @ Archana Shahi, Advocate For the Respondent/s : Shri A.K.Rastogi, Sr. Advocate, Shri Parijat Saurav, Advocate And Ms. Smriti Singh, Advocate CAV JUDGMENT PER: HONOURABLE THE CHIEF JUSTICE Heard Smt. Archana Sinha, learned Senior Standing Counsel for the appellant-Income Tax Department ....

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.... order, on an identical issue, disposed off by us jointly. 4. The brief facts to be noticed are that the assessment orders, under Sections 201(1) and 201(1A) of the Act, in both the appeals, were passed on 27.04.2007. It is admitted that there was no limitation provided in the statute for an order to be passed under Section 201, deeming an assessee to be in default in respect of such tax, which....

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....at source (TDS) is concerned. 6. There was an incidental issue of whether, when the Tribunal had, at the earlier instance, remanded the matter to the Assessing Officer; there occurred a merger of the order of the Assessing Officer with that of the Tribunal. Thus, disabling the assessee from raising the contention at the second instance. The Tribunal rightly found that the earlier order of the T....

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....e statute, where limitation is provided with respect to other actions by the Department. The various High Courts, as referred to above, deemed reasonable time to be four years, as is coming out from the various provisions of the Income Tax Act itself. 8. True, the provision was amended bringing in a limitation of four years, in 2010 and then later extended to six years and seven years. Providin....