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2016 (3) TMI 285 - HC - Income TaxNon deduction of tds - challenge to the notices / summonses issued u/s 201 - period of limitation for passing an order u/s 201 - Limitation under section 201(3)(i) - whether notices initiating assessment proceedings were without jurisdiction as being barred by limitation? - Held that:- Present case relates to financial year 2008-2009. The petitioner had filed statements as required under section 200 of the Act. The limitation for initiating proceedings under section 201(1) of the Act would, therefore, be governed by section 201(3)(i) of the Act as it stood at the relevant time which provided for a period of limitation of two years from the end of the financial year in which statement was filed in a case where the statement referred to in section 200 has been filed. The limitation for initiating action under section 201(1) of the Act, therefore, elapsed on 31st March, 2012 whereas the amendment in section 201 of the Act as amended by Finance Act No.2 of 2014 came into force with effect from 28th May, 2012. The impugned notice, therefore, is clearly barred by limitation and, therefore, cannot be sustained. See Tata Teleservices v. Union of India (2016 (2) TMI 414 - GUJARAT HIGH COURT ) - Decided in favour of assessee
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