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2016 (10) TMI 1236 - AT - Income TaxTime limit for initiating the proceedings - Default u/s 206C(6) read with section 206C(7) - tax at source as per provisions of section 206C(1) was not collected and Form No. 27C was not filed within the stipulated time - period of limitation - Held that:- CIT (A) has not considered the case laws and has merely rejected the ground by observing that the provisions contained in section 206C of the Act do not prescribe any time limit for initiating the proceedings or for passing the order thereunder. The above finding of CIT (A) is contrary to the case laws as relied by the assessee. In the present case the order has been passed beyond 6 years from the date of assessment is under challenge. Therefore, respectfully following the decision of the Coordinate Bench rendered in the case of State Bank of India vs. ITO [2013 (4) TMI 858 - ITAT LUCKNOW] wherein considered the conflicting view and applied the judgment in the case of CIT vs. Vegetable Products [1973 (1) TMI 1 - SUPREME COURT] we hereby quash the order declaring assessee in default on the ground that action taken by AO suffers from delay and latches and the Revenue has not explained the cause of such delay. - Decided in favour of assessee.
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