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1 - 10 of 21 (0.28 seconds)Section 201 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Section 158BC in The Income Tax Act, 1961 [Entire Act]
Vodafone Essar Mobile Services Limited ... vs Union Of India & Ors on 9 March, 2016
10. Prior to the amendment in section 201(3) by the Finance Act, 2012 w.r.e.f.
01.04.2010, there was no stipulation provided in the Act for passing an order u/s
201(1)/201(1A) holding a person to be an assessee in default. In fact, this fact is
also explained by the CBDT Circular No.05/2010 dated 03.06.2010 which explains
the amended provisions w.r.e.f. 01.04.2010 prescribing time limit for framing an
order u/s 201 of the Act. In fact, the said Circular says that this amendment would
be effective from 01st April, 2010 only and would apply to such orders passed on or
after 1st April, 2010. We find that the ld. DR took shelter based on this CBDT
Circular before us stating that since the order in the instant case was passed on
29.03.2011 which is after 01.04.2010, the said order is passed within the time limit
prescribed in section 201(3) of the Act r.w. proviso thereto. We find that the very
same issue was subject matter of consideration before the Hon'ble jurisdictional
High Court in the case of Vodafone Essar Mobile Services Ltd. vs. Union of India,
reported in 385 ITR 436 referred to supra. The Circular has to be interpreted in
such a manner that the time limit stipulated in section 201(3) of the Act would apply
only for those orders passed on or after 1.4.2007 and not earlier.