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2018 (9) TMI 2011 - ITAT BANGALOREOrders passed u/s.201(1) & 201(1A) - period of limitation - assessee in default - Scope of amendment - whether returns of TDS filed by the Assessee in the present case for the three FYs were belated and therefore the provisions of Sec.201(3)(i) does not apply in the present case? - HELD THAT:- Amending section 201 by Finance Act, 2014, it has been specifically mentioned that the same shall be applicable w.e.f. 1/10/2014 and even considering the fact that proceedings for F.Y. 2007-08 and 2008-09 had become time barred and/or for the aforesaid financial years, limitation under section 201(3)(i) of the Act had already expired on 31/3/2011 and 31/3/2012, respectively, much prior to the amendment in section 201 as amended by Finance Act, 2014 and therefore, as such a right has been accrued in favour of the assessee and considering the fact that wherever legislature wanted to give retrospective effect so specifically provided while amending section 201(3)(ii) of the Act as was amended by Finance Act, 2012 with retrospective effect from 1/4/2010, it is to be held that section 201(3), as amended by Finance Act No.2 of 2014 shall not be applicable retrospectively and therefore, no order under section 201(1) of the Act can be passed for which limitation had already expired prior to amendment to section 201(3) by Finance Act No.2 of 2014. It is not in dispute before us that the proceedings u/s.201(1) of the Act were barred by time if the law applicable for the relevant period is the law as it prevailed prior to amendment to Sec.201(3) by the finance Act No.2 of 2014. In these circumstances, we find no error in the order of the CIT(A) in holding that the orders passed for FY 2008-09 to 2010-11 were barred by limitation and consequently quashing them. We find no grounds to interfere with the order of the CIT(A) and therefore dismiss the appeals by the revenue.
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