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2022 (8) TMI 1360 - AT - Income TaxTDS u/s 195 - demand u/s 201(1) and 201(1 A) - period of limitation - assessee is a wholly owned subsidiary of Google International LLC, US - assessee is appointed as a non-exclusive authorized distributor of Adword Programs to the advertisers in India - distribution fees payable to GIL be regarded as ‘royalty’ under the Act and consequently proceeded for withholding of tax deduction at source - HELD THAT:- We notice that show cause notice to initiate proceedings u/s. 201(1) is issued on 20.11.2012 which is beyond four years with respect to assessment years 2007-08 & 2008-09 As the period of four years from the end of the financial year in which payment is made or credit is given, expires on 31.03.2012 whereas the notice is issued by the AO on 20.11.2012. Therefore we hold that the orders of the AO passed u/s. 201(1) & 201(1A) of the Act are barred by limitation and hence quashed. Decided in favour of assessee.
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