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| The Tax Publishers2019 TaxPub(DT) 7831 (Chen-Trib) INCOME TAX ACT, 1961
Section 201(1)/(1A)
Since it was clear that AO had passed orders under section 201(1))/(1A) beyond the period of limitation of two years from the end of the financial year where statement under section 200 was filed, therefore, order could not stand in the eye of law.
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Tax deduction at source - Assessee-in-default - Order passed under section 201(1)/(1A) after period of two years -
AO passed orders under section 201(1) and under section 201(1A) dated 11-9-2015 and 12-11-2015, respectively, raising demand for assessment year 2009-10. Assessee submitted that due date for passing order under section 201 (1) as per section 201 (3) inserted by Finance (No. 2) Act, 2009 with effect from 1-4-2010 was within (i) two years from the end of financial year where statement under section 200 was filed (ii) 6 years from the end of the financial year in which payment or credit was made in any other case. The assessee had filed statement under section 200 for Form Nos. 26Q and 24Q and last quarter of such forms was filed in the month of May 2009, i.e., in financial year 2009-10. Therefore, time limit for passing order under section 201 (1) in such circumstances would be 31-3-2012, i.e., two years from the end of the financial year where statement under section 200 was filed. Held: It was clear that AO had passed order under section 201(1)/(1A) beyond the period of limitation, as canvassed by assessee, and therefore, order could not stand in the eye of law.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
INCOME TAX ACT, 1961
Section 201(1)/(1A)
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