| COURT: | Gujarat High Court |
| CORAM: | M. R. Shah J, S. H. Vora J |
| SECTION(S): | 201, 201(3) |
| GENRE: | Domestic Tax |
| CATCH WORDS: | interpretation of statutes, limitation period, Retrospective amendment, TDS deduction |
| COUNSEL: | Mihir Joshi, R. K. Patel |
| DATE: | February 5, 2016 (Date of pronouncement) |
| DATE: | February 28, 2016 (Date of publication) |
| AY: | - |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 201(3): The amendment to s. 201(3) by FA 2014 to extend the time limit for passing s. 201 orders is prospective and does not apply to cases which are already time-barred. A show-cause notice involving a pure point of law can be challenged in a Writ Petition | |
An accrued right to plead a time barred which is acquired after the lapse of the statutory period is in every sense a right even though it arises under an Act which is procedural. It is a right which is not to be taken away by conferring on the statute a retrospective operation unless such a construction is unavoidable. while amending section 201 by Finance Act, 2014, it has been specifically mentioned that the same shall be applicable w.e.f. 1/10/2014 and even considering the fact that proceedings for F.Y. 2007-08 and 2008-09 had become time barred and/or for the aforesaid financial years, limitation under section 201(3)(i) of the Act had already expired on 31/3/2011 and 31/3/2012, respectively, much prior to the amendment in section 201 as amended by Finance Act, 2014 and therefore, as such a right has been accrued in favour of the assessee
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