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2018 (9) TMI 1962 - AT - Income TaxTCS @ 5% on sale of Tendu leafs - order passed under section 206C(6) / 206C(7) - Period of limitation to pass order - HELD THAT:- As decided in own case [2018 (9) TMI 1234 - ITAT JAIPUR] liability of tax collected at source is also a vicarious liability of the assessee to assist the department in the measure to avoid any possibility of tax avoidance by the persons with whom the specific transactions have been entered into by the assessee. The provisions of Section 201 and 206C of the Act are having same scheme and object being the measures against the avoidance of tax by the opposite parties with whom the assessee had the transactions. Hence, applying the reasonable period of limitation as four years within which the Assessing Officer could pass the order U/s 206C(6)/206C(7) of the Act, we hold that the impugned order passed by the Assessing Officer on 30/3/2016 is beyond the said reasonable period of limitation and consequently is invalid being barred by limitation. Accordingly, we quash the impugned order passed U/s 206C(6)/206C(7) of the Act.- Decided in favour of assessee
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