2019 (10) TMI 244 - AT - Income Tax

D emand u/s 201(1)/(1A) for non-deduction of taxes on IUC - period of limitation - TDS u/s 194J - HELD THAT - As decided in own case 2018 (3) TMI 1758 - ITAT MUMBAI the time limit for initiation of proceedings u/s 201(1) in the hands of the present assessee for the assessment years under consideration has expired long back prior to insertion of sec. 201(3) by Finance Act No.2 of 2009. Proceedings have become time barred prior to 01-04-2007 and hence no fresh proceedings could be commenced for the impugned years by virtue of the proviso to sec. 201(3) of the Act. - Decided in favour of assessee.

Summary

Issues:
Appeal against order quashing the time-barred assessment under section 201(1)/(1A) of the Income Tax Act 1961 and applicability of withholding tax provisions u/s 194J to Inter-Connection Usage Charges (IUC) payments.

Analysis:
The appeal filed by the Revenue challenged the order of the Commissioner of Income Tax (Appeals) quashing the assessment under section 201(1)/(1A) as time-barred and questioning the applicability of TDS on IUC payments under section 194J. The Revenue contended that the AO's order was within the time limit, while the assessee argued against it. The CIT(A) initially rejected the plea on limitation but remanded the matter for further verification. The Tribunal, in the assessee's appeal, held that the initiation of proceedings under section 201(1) for the relevant assessment years was time-barred, citing precedents and the insertion of sub-section 3 to section 201 by the Finance Act, 2009. The Tribunal emphasized that the time limit for initiating proceedings had expired before the relevant notices were issued, thus quashing the tax authorities' orders for the said years.

Conclusion:
The Tribunal upheld the order of the CIT(A) based on the decision in the assessee's own case for the assessment year 2000-01, applying the same reasoning to subsequent years. The Tribunal found that the initiation of proceedings under section 201(1) for the relevant assessment years was indeed time-barred, in line with legal precedents and statutory provisions. As a result, the appeals filed by the Revenue were dismissed, affirming the quashing of the tax authorities' orders for the specified years. The decision was pronounced in the open court on 18/09/2019, providing a comprehensive resolution to the issues raised in the appeal.