M/s United Spirits Limited, (Successor to Shaw Wallace & Co. Ltd.) v. DCIT (TDS), Circle–18(2), Bangalore
[Citation -2016-LL-1017-71]
| Citation | 2016-LL-1017-71 |
|---|---|
| Appellant Name | M/s United Spirits Limited, (Successor to Shaw Wallace & Co. Ltd.) |
| Respondent Name | DCIT (TDS), Circle–18(2), Bangalore |
| Court | ITAT-Bangalore |
| Relevant Act | Income-tax |
| Date of Order | 17/10/2016 |
| Assessment Year | 1996-97 |
| Judgment | View Judgment |
| Keyword Tags | real estate development • barred by limitation • time barred |
| Bot Summary: | In all these appeals, the assessee has raised an objection as per Ground No. 3 that the order passed by the A.O. is barred by limitation in so far as it is against the provisions of section 153 of the Act. The facts are undisputed that the impugned orders passed by the A.O. on 30.03.2011 u/s 201 and 201 were passed to give effect to the tribunal order dated 16.11.2006 as noted by the A.O. himself in first Para of his orders. As per the provisions of section 153, the orders are time barred and hence, we have to decide this aspect only as to whether the provisions of section 153 are applicable to orders passed u/s 201 and 201. Learned CIT has held that the provisions of section 153 does not apply to orders passed u/s 201 and 201. It is noted by him in Para 3.2 of his order that as per the A.O., section 153 of the Act applies to ITA No.1641 to 1644(Bang)/2013 Page 3 of 4 only orders enumerated therein and does not cover orders passed u/s 201 and 201. In the light of these facts, now we examine the applicability of the judgment of Hon ble Rajasthan High Court rendered in the case of CIT vs. Jodhan Real Estate Development Corporation Pvt. Ltd. We find that in that case, fresh order passed u/s 104 was also in dispute as time barred and the tribunal held in that case that it is time barred and this tribunal order was upheld by Hon ble Rajasthan High Court. We are of the considered opinion that if section 153 is applicable to order passed u/s 104 then there is no reason or basis to hold that it is not applicable to order passed u/s 201 and 201. |