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2020 (2) TMI 1557 - ITAT CHENNAIValidity of order u/s. 201(1) and 201(1A) as barred by limitation - treating the assessee as ‘assessee in default’ for non deduction of tax at source - payments made towards purchase of software treating the same as royalty - HELD THAT:- There is no dispute in the instant case that payment for purchase of software was made by the assessee during the financial year 2009-10 relevant to A.Y 2010-11. Hence, six years from the end of the financial year would expire on 31-03-2016, which would be the last date for framing the assessment u/s. 201(1) of the Act in terms of pre-amended provisions of s. 201(3)(ii) - This section was later amended w.e.f 01-10-2014 substituting six years with seven years - CIT(A) simply applied the amended provisions for the A.Y 2010-11 ignoring the fact that the said amendment is applicable only w.e.f 01-10 2014 - Order passed by the Ld. AO u/s. 201(1) and 201(1A) of the Act on 31-03-2017 is barred by limitation and hence, the same is hereby quashed. - Decided against revenue.
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