Time Limit of section 149 (3) not applicable to voluntary agents: ITAT Mumbai Special Bench

Where the assessee suo motu filed returns as “agent” of a non-resident but no assessment was made and after the expiry of two years from the end of the assessment year a notice under section 148 of the Act seeking to assess the income and the question arose whether the said notice was barred by limitation u/s 149 (3), HELD: (i) Ss 160 to 166 are machinery and enabling provisions and give the department the option to either assess the non-resident or his agent; (ii) U/s 160 to 166, agents are of two types: (1) agents who admit their liability as agents of a non-resident either expressly or ...