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2014 (6) TMI 315 - AT - Income TaxTime limit for passing an Order u/s 201(1) or 201(1A) of the Act - TDS default - Assessee contended that order passed by the AO is barred by limitation as the order has not been passed within a period of 4 years from the end of the relevant - Held that:- Following ITO v. Delhi Development Authority [2001 (11) TMI 6 - SUPREME Court] - order u/s 201(1) is to be treated as an order of assessment as per section 2(8) “assessment includes reassessment", then it becomes manifest that the time-limit for initiating and completing the proceedings u/s 201(1) has to be at par with the time-limit available for initiating and completing the reassessment, more so when the scope of section 147 also ropes in the cases of assessment apart from reassessment - order passed u/s 201(1) or 201(1A) cannot be held as barred by limitation if it is passed within 4 years from the end of the relevant AYs or 6 years as the case may be - the order passed u/s 201(1) and 201(1A) is not barred by limitation and the same is valid, therefore, to that extent the CIT(A) is not correct in annulling the order passed u/s 201(1) and 201(1A) of the Act - even though the orders are passed beyond four years from FY 2003-04 and 2004-05, but within six years from the relevant financial year – Decided in favour of Revenue.
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