Itta/519/2014 Of Commissioner Of Income Tax (Tds) v. Chakkilam Constructions Pvt Ltd

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA ANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.519 of 2014 DATED:8.10.2014 Between:Commissioner of Income Tax (TDS),Hyderabad. And … Appellant M/s. Chakkilam Constructions Pvt. Ltd.,Hyderabad. ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.519 of 2014 Judgment:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We have issued notice for pre-admission. In spite of the same, none appears for the assessee. We admit the appeal on the following substantial question of law: “Whether on the facts and in the circumstances of the case, theAppellate Tribunal is justified in holding that the order dated 28.2.2008passed by the Income Tax Officer in terms of Section 201 of the IncomeTax Act, 1961 is barred by limitation, though it was passed within the timepermitted by proviso to Section 201(3) of the Income Tax Act, 1961 ? We have heard Mr. S.R. Ashok, learned senior counsel appearing for the appellant and have gone through the impugnedorder. It appears, the learned Tribunal has totally overlooked theproviso to Sub-Section(3) of Section 201(1)(A) of the Income Tax Act,1961 (for short ‘the Act’), which reads as follows: “Provided that such order for a financial year commencing on or before the 1[st] day of April, 2007 may be passed at any time on or before the 31[st]day of March, 2011.” This matter relates to the assessment year 2002-2003. Even onthe date of passing the order on 28.2.2008, the aforesaid proviso wasin force. Under the circumstances, we allow the appeal and set asidethe impugned order. We remand the matter to the file of the learnedTribunal for deciding the same afresh in accordance with law. Inconsequence, pending miscellaneous applications, shall also standclosed. No costs. __________________ K.J. SENGUPTA, CJ _________________ SANJAY KUMAR, J 8[th] October, 2014 pnb