Bhura Exports Ltd. Vs ITO
Calcutta High Court
Decided on August 30, 2011
When the limitation provided earlier in Section 231 of the Act for taking action u/s 201 has been omitted with effect from April 1, 1989 and was re-introduced by way of addition of sub-Section (3) of Section 201 with effect from April 1, 2010, there is no bar of the period of limitation for taking action under Section 201 of the Act.
If no period of limitation is prescribed under a Statute for taking action under it and at the same time, the Limitation Act does not apply to such a Statute, there cannot be any prohibition of the period of limitation for taking action under the said Statute unless there is any contrary intention expressed in the said Statute.
Indian Income tax Act is a self-contained code exhaustive of the matters dealt with therein and its provisions show an intention to depart from the common rule, qui facit per alium facit per se.”
The time limit prescribed in Section 149 of the Act for taking action under Section 147 by giving notice under Section 148 cannot have any application for taking action under Section 201 of the Act as it is not a case of income escaping assessment but a case of inaction of a debtor to deduct tax on interest while making payment of the interest in violation of Section 194A of the Act.