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TMI Blog2018 (4) TMI 450X X X X Extracts X X X X X X X X Extracts X X X X ..... AL MEMBER For The ASSESSEE : Ms. Sushmita Basu and Shri Alok Goenka, CAs For The REVENUE : Shri Atiq Ahmad, Senior DR ORDER PER KULDIP SINGH, JUDICIAL MEMBER : Since common questions of facts and law have been raised in both the aforesaid appeals, the same are being disposed of by way of consolidated order to avoid repetition of discussion. 2. The appellant, M/s. Noida Power Company Limited (hereinafter referred to as the assessee company ) by filing the present appeals, sought to set aside the impugned orders, both dated 10.03.2016 passed by Ld. CIT(Appeals)-I, Noida qua the assessment years 2008-09 2010-11 respectively on the grounds inter alia that :- ITA NO.3010/DEL/2016 (AY 2008-09) 1. That on the facts and in the circumstances of the case, the Order dated 10th March, 2016 passed by the learned CIT (Appeals) confirming the action of the ACIT (TDS) in treating the Appellant as an Assessee in default under section 201(1) of the Act is bad in law. 2. That on the facts and in the circumstances of the case, the learned CIT (Appeals) erred in holding that the order dated 30th March, 2015 passed u/s 201(1)/ 201(lA) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an Assessee in default under section 201(1) of the Act is bad in law. 2. That on the facts and in the circumstances of the case, the learned CIT (Appeals) erred in holding that the order dated 30th March, 2015 passed u/s 201(1)/ 201(lA) of the Act by the ACIT (TDS) is not barred by limitation. 3(a) That on the facts and in the circumstances of the case, the learned CIT (Appeals) erred in holding that the Appellant is liable to deduct tax at source under section 194J of the Act on the transmission/wheeling charges purportedly amounting to ₹ 16,81,36,395/-. 3(b) Without prejudice to the above, the CIT(A) failed to appreciate that out of the said amount of ₹ 16,81,36,395/-, the sum of ₹ 97,51,000/ - and ₹ 11,25,000/ - respectively are paid on account of operating charges and application fees which in any event, can not be covered within the purview of section 194J of the Act. 3(c) Without prejudice to the above, the learned CIT (Appeals) failed to appreciate that out of the said amount of ₹ 16,81,36,395/- the appellant, in any event, is not liable to deduct tax on an aggregate amount of ₹ 89,081,895/- which represent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Short Deduction under section 201 Defaults Months Interest under section 201(1A) 2007-08 9,11,160 31.03.2008 Nil 91,116/- 91,116/- 95 86,560/- Total tax + Interest ₹ 177,676/- For the sake of convenience, combined orders under section 201(1)/201(1A) of the I.T. Act, 1961 is passed for the assessment year 2008-09. However, notice of demand u/ 156 will be issued separately in respect for the assessment year 2008-09. F.Y (2007-08) Total TDS u/s 201 (1) : 3617904 Total interest u/s 201(1A) : 3248110 Grand Total : 6866014 AY 2010-11 LEASE RENT PAID BUT TDS NOT DEDUCTED Financial Year Amount of Lease Rent paid to YEIDA (Rs.) Date of Payment TDS deducted (Rs.) TDS required to be deduc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act but it is purportedly issued u/s 201 of the Act as the assessment order has been passed by the AO u/s 201 of the Act. 8. At the time of filing the TDS return, the relevant provisions contained u/s 201(3) of the Act in operationwere as under :- ( 3) No order shall be made under sub section (1) deeming a person to be an assessee in defaulter for failure to deduct the whole or any part of the tax from a person resident in India, at any time after the expiry of- ( i) two years from the end of the financial year in which the statement is filed in a case where the statement referred to in Section 200 has been filed. ( ii) four years from the end of the financial year in which payment is made or credit is given, in any other case. Provided that such order for a financial year commencing on or before the first day of April, 2007 may be passed at any time on or before the 31st day of March 2011. 9. Bare perusal of the provisions contained u/s 201(3) apparently shows that the limitation prescribes for passing order in connection with the TDS return was two years from the end of the financial year in which the statement of retur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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