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TMI Blog2018 (11) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... 3) which was made to extend the time limit of completing the proceedings and passing orders in relation to the pending cases cannot be interpreted so as to enable the department to initiate proceedings for declaring assessee to be ‘assessee in default’ u/s 201 of the Act for a period earlier than four years prior to 31st March, 2011. Accordingly, their lordship held that the barred limit of four years which was earlier held by the Courts to be applicable in such cases cannot be extended by said amendment. Thus, respectfully following the ratio laid down Hon’ble High Court, we hold that the initiation of proceedings u/s 201(1) - Decided in favour of assessee. - ITA No.:- 1273/Del/2016 - - - Dated:- 16-5-2018 - Shri Amit Shukla, Judicial M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asking for the details of contract given and debited in the profit and loss account, assessee filed copy of ledger account under the head purchases which shows purchase of ₹ 32,07,861/- was shown, wherein amount debited to profit and loss also reflects maintenance charges of ₹ 18,25,620/- for which AO was of the opinion assessee should have deducted TDS u/s 194C and accordingly, he treated the amount of default u/s 201 of ₹ 38,520/- and interest u/s 201(1)(1A) of ₹ 37,461/-. However the order u/s 201(1)/201(1)(1A) was passed on 29.3.2011, i.e, almost at the fag end of seven years from the end of the relevant assessment year. Before the Ld. CIT(A) the assessee has strongly pleaded that the impugned order as well as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment as well as the said CBDT circular had come up for consideration before the Hon ble Delhi High Court in the case of Vodafone Essar Mobile Services vs. Union of India (supra) wherein Hon ble High Court after detailed discussion referring to the catena of judgments held that CBDT Circular No. 5 of 2011, clarifying that the proviso to section 201(3) which was made to extend the time limit of completing the proceedings and passing orders in relation to the pending cases cannot be interpreted so as to enable the department to initiate proceedings for declaring assessee to be assessee in default u/s 201 of the Act for a period earlier than four years prior to 31st March, 2011. Accordingly, their lordship held that the barred limit of four y ..... X X X X Extracts X X X X X X X X Extracts X X X X
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