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2016 (2) TMI 405 - AT - Income TaxValidity of order u/s 201 - Failure to deduct tax at source - barred by limitation - Held that:- Impugned order of the AO passed on 31.3.2011 in pursuance to the notice dated 15.11.2010 after considering the reply of the assessee dated 23.11.2010 is clearly barred by limitation. It is pertaining to mention that since proceedings for AY 2002-03 has been also initiated after search on 16.11.2009 when the amended provision did not come into existence on the said date, and the law applicable on the said date was pronounced in the case of Hatchison Essan Telecom Ltd. (2010 (4) TMI 45 - DELHI HIGH COURT) and CIT vs. NHK Japan (2008 (4) TMI 182 - DELHI HIGH COURT). As per dicta laid down by Hon’ble Jurisdictional High Court of Delhi and in the light of the same we are inclined to uphold the conclusion of the Ld. CIT(A) as in these judgments the Hon’ble High Court explicitly held that in absence of any time frame in the statue a reasonable time limit was to be read into, which was four year for the end of relevant financial year. In the present case, the relevant financial year 2001-02 was ended on 31.03.2002 and when the proceeding initiated on 15.11.2010 and order passed on 30.03.2011 u/s 201(1)/201(1A) for AY 2002-03 i.e. after approximately 9 years has to be held as time barred and thus we are of the opinion that the conclusion of the CIT(A) deserves to be confirmed and hence we uphold the same - Decided in favour of assessee
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