Section 201(3) of the Income Tax Act

Shri Rajesh Khandelwal, Kolkata vs. I.T.O., Ward - 3(1), TDS, Kolkata

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.600/Kol/2022 Assessment Year: 2012-13 Shri Rajesh Khandelwal………………………...........…..........….…… Appellant 146, Mahatma Gandhi Road, Bangar Building, Kolkata-700007. [Pan: Afjpk8394P] Vs. Ito, Ward-3(1), Tds, Kolkata.....……........…................…...…..…..... Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Appellant. Shri Vijay Kumar, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 08, 2023 Date Of Pronouncing The Order : February 22, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 31.08.2022 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Ld. Counsel For The Assessee Has Taken Additional Legal Ground Pleading That The Impugned Order U/S 201(1A) Was Barred By Limitation. He In This Respect Has Relied Upon Section 201(3) Of The Act, As Applicable For The Assessment Year Under Consideration. The Provisions Of Section 201(3) Amended By Finance Act, 2012 With Retrospective Effect From 01.04.2010 Is Applicable Which Reads As Follows: