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The satisfaction note could be prepared at either of the following stages: An added reason why the submission of the Revenue ADVANCE AN-86438644 unacceptable is that had the Parliament indeed intended to overrule or set aside the reasoning in NHK Japan suprait ADVANCE AN-86438644 have, like other instances and more specifically in the case of Section 1Abrought in a retrospective amendment, nullifying the precedent itself. That it chose to bring Section 3 in the first instance in and later in fortifies the reasoning of the Court.
Accordingly, the issue is answered against the Revenue. It appears to the Court that the above decision settles the question whether to declare an Assessee to be an Assessee in default under Section of the Court could be initiated for a period earlier than four years prior to 31 st March, Syali, the learned Senior Advocate for the Petitioners states that although the challenge in these ADVANCE AN-86438644 is also to the vires of the proviso to Section 3 of the Act as inserted by the Finance No. In other words what has been canvassed on behalf of the Petitioners is that the proviso to Section 3 of the Act has to be read consistent with the law explained by the Court in CIT vs.
NHK Japan Broadcasting Corporation supra and should be held not to permit the Department to initiate proceedings for declaring Assessees to be Assessees in default for a period more than four years prior to 31 st March, Dileep Shivpuri, the learned Senior Standing Counsel for the Revenue, however, seeks to advance a different line of ADVANCE AN-86438644. According to him the action taken by the Department was pursuant to a decision in CIT v.
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Idea Cellular Ltd. It is stated that it is consequent upon the said decision that the ADVANCE AN-86438644 issued the impugned notices to these Petitioners and that this was permissible in terms of Section 3 ii of the Act.
The above submission of Mr. Shivpuri cannot be accepted if Section is perused carefully.
It reads as under: Time limit for completion of assessments and reassessments In the first place, what the said provision does is to not apply the time limit of two years for completing the ADVANCE AN-86438644 from the end of the financial year ADVANCE AN-86438644 the assessment, reassessment or recomputation is made on the assessee or any person in consequence of or to give effect to any finding or direction contained in an order This can apply only to the Assessee in whose case such an order is made by a Court. For instance, if the above decision was qua Idea Cellular Ltd.
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Secondly ADVANCE AN-86438644 has to be a finding or directions as regards the issue in question viz. In Rajender Nath v. Even in the case relied upon by Mr.
Shivpuri, i. It was then contended by Mr.
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Shivpuri, that the decision in CIT vs. The Court is unable to agree with the above submission of Mr.
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As the Court sees it, its decision in NHK Japan Broadcasting Corporation supra deals precisely with the situation where proceedings were sought to be initiated more than four years prior to 31 st March, Shivpuri was unable to explain ADVANCE AN-86438644 the Circular No. With reference to the expression pending cases, in respect of which orders have to be passed in terms of the proviso to Section 3 before 31 st MarchMr. Shivpuri ADVANCE AN-86438644 to suggest that the Circular has to be harmoniously construed with Section 3 of the Act to glean an intention to permit the Department to initiate cases four years earlier than 31 st March, Download the latest drivers for your Advance AN/ to keep your Computer Date: Downnload Advance AN/ laptop drivers or install DriverPack Solution software for driver update.