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TMI Blog2023 (12) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... in law and the same is liable to be quashed. X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer and thereby demanded @1% TCS of u/s. 206C(1) of Rs. 4,90,309/- and interest u/s. 206C(7) of Rs. 3,77,538/- vide order dated 26-07-2017. 3. Aggrieved against the same, the assessee filed an appeal before Commissioner of Income Tax (Appeals)-8, Ahmedabad. In spite of notices to the assessee, the assessee failed to appear, hence the ld. CIT(A) by exparte order, confirmed the addition made by the Assessing Officer and thereby dismissed the assessee appeal. 4. Aggrieved against the same, the assessee is in appeal before us challenging the following Grounds of Appeal. 1. The Ld. CIT(A) erred in law and in facts in confirming the demand of Rs. 4,90,309/- raised under section 206C being 1% TCS considering the sale of CRC Sheet as scrap, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt DIT (International Taxation) V. Mahindra & Mahindra 48 Taxmann.com 150: 225 Taxman 306 : 365 ITR 560 : 270 CTR 105 Non Applicability of Section 206C Sr. No. Court/ITAT Case Name Reported in 1. Ahmedabad ITAT Navine Fluorine International Ltd. V. ACIT, TDS Circle 10 taxmann.com 8 : 14 ITR(T) 481: 45 SOT 86: 139 TTJ 248 2 Rajkot ITAT Nathulal P. Lavti V. ITO, TDS 14 taxmann.com 94 : 48 SOT 83: 143 TTJ 509 3 Jaipur ITAT Sikar & Jhunjhunu Zila Dugdh Utpadak Sahakari Sangh Ltd. V. ACIT (TDS) 73 taxmann.com 236 4 Surat ITAT shree Mahuva Pradesh Sahakari Khand Udyog Mandali Ltd. V. ITO, TDS-4 99 taxmann.com 328 5 Gujarat High Court CIT (TDS) V. Priya Blue Industries (P.) Ltd. 65 taxmann.com 206: 237 Taxman 1: 381 I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hether it is likely to cause any loss to the revenue if it is not deducted in time. If TDS is not deducted, it is required to be paid in the first installment of advance tax, which is required to be paid within four months from the date of filing of return. Therefore, even if the contention of Mr.Bhatt is accepted, loss that may be caused to the revenue is only to the tune of interest of four months on delayed payment of tax. Not only that when the declaration about this is made in the return, it comes within the knowledge of the Assessing Officer even if the TDS is not deducted. Therefore, we are of the view that the period of four years is reasonable period and we concur with the view taken by the Delhi High Court. It is true that the Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in Bhatinda District Co-op. Milk Producers Union Ltd. (2007) 9 RC 637: 11 SCC 363 action must be initiated by the competent authority under the IT Act, where no limitation is prescribed as in s. 201 of the Act within that period of four years." (underlining added) 5. From the above, it is clear that the proceedings under s. 201/ 201(1A) of the IT Act, 1961, can be initiated only within three years from the end of the assessment year or within four years from the end of the relevant financial year. 6. In the present case, we are concerned with the financial year 2001-02 or the asst. yr. 2002-03. The proceedings under ss. 201/201(1A) were admittedly initiated beyond the period of three years from the end of the relevant assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13. 10. The Registry has noted that there is a delay of 68 days in filing the above appeal in ITA No. 339/Ahd/2020. This appeal was filed by the assessee on 18.06.2020. This period falls under COVID Pandemic situation, thus following Hon'ble Supreme Court judgment dated 23.9.2021 in M. A. No. 665 of 2021 in suo-moto Writ Petition (Civil) No.3 of 2020, the Hon'ble Supreme Court has excluded time limit for filing appeal from 15.3.2020 till 02.10.2021. Thus, there is no delay in filing the above appeal and we take up the assessee appeal for adjudication. 11. As the quantum appeal itself is allowed in favour of the assessee by quashing the order, consequently the penalty levied u/s. 271CA has No legs to stand. Therefore the same is also hereb ..... X X X X Extracts X X X X X X X X Extracts X X X X
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