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TMI Blog2021 (12) TMI 453X X X X Extracts X X X X X X X X Extracts X X X X ..... een filed and such statements was not filed was removed and the amendment prescribed a common period of limitation i.e. seven years from the end of financial year in which payment was made, it is submitted that the said amendment is not from retrospective date nor does it specifically say that it is from retrospective effect as it was said at the time of amendment by Finance Act, 2014. Therefore, the said amendment as on 01/10/2014 is with prospective effect. With this view of the matter we are of the considered opinion that the impugned order passed under section 201(1)/201(1A) of the Act is barred by limitation. Since the assessee succeeds on technical ground, any discussion on merits would only be academic and, therefore, we avoid the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 194I of the Act the assessee did not deduct any TDS thereon. Assessee however, deducted TDS of various other parties and deposited the same to the Central government and it duly filed the regular statement of tax deduction at source under section 200 of the Act. Thereafter the learned Assessing Officer, pursuant to the directions given by the learned Commissioner of Income Tax (Appeals)-1, Noida, passed order dated 29/12/2016 under section 201(1) of the Act and section 201(1A) of the Act computing the demand of ₹ 3,14,906/-which includes interest on the TDS in respect of the sum of ₹ 16,60,601/-. 4. When the assessee preferred appeal, challenging the order passed under section 201(1) and 201(1A) of the Act, Ld. CIT(A) held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. It is not in dispute that the assessee made the payments on 18/05/2009 and 01/09/2009 and filed the statements in the financial year 2009-10 itself whereas the impugned order under section 201(1) & 201(1A) of the Act was passed on 29/12/2016, which according to the assessee is barred by limitation. To appreciate the contention of the assessee we deem it just and necessary to reproduce the relevant portions of section 201(3) of the Act by various Finance Acts. 8. Relevant portion of section introduced by Finance (No. 2) Act, 2009 is reproduced hereunder: "(3) No order shall be made under sub-section (1) deeming a person to be an assessee in default for failure to deduct the whole or any part of the tax from a person resident in In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owing sub-section shall be substituted with effect from the 1st day of October, 2014, namely:- "(3) No order shall be made under sub-section (1) deeming a person to be an assessee in default 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 seven years from the end of the financial year in which payment is made or credit is given.". 9. Therefore, in this case, the assessee, having been filed the statement of tax deducted at source for the quarter ending June, 2009 and September 2009, period of limitation under Section 201 (3)(i) of the Act as introduced by Finance (No. 2) Act, 2009 expired on 31/03/2012. According to the Section 201(3) of the Act as amended on 28/05/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wanted to give retrospective effect so specifically provided while amending section 201(3) (ii) of the Act as was amended by Finance Act, 2012 with retrospective effect from 1/4/2010, it is to be held that section 201(3), as amended by Finance Act No.2 of 2014 shall not be applicable retrospectively and therefore, no order under section 201 (i) of the Act can be passed for which limitation had already expired prior to amended section 201(3) as amended by Finance Act No.2 of 2014. Under the circumstances, the impugned notices / summonses cannot be sustained and the same deserve to be quashed and set aside and writ of prohibition, as prayed for, deserves to be granted." 11. Decision of Hon'ble Gujarat High Court was followed by the coordina ..... X X X X Extracts X X X X X X X X Extracts X X X X
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