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2016 (8) TMI 78 - AT - Income TaxValidity of order u/s.201 & u/s.201(1A) - tds liability - period of limitation - Held that:- The time limit available to the AO to pass order u/s.201(1) and 201(1A) is as per provisions of the section 201(3)(i) i.e. two years from the end of the financial year in which the statement is filed in a case where the statement referred to in section 200. As per this time limit to pass order u/s.201(1) & 201(1A) of the Act is two years from the end of the financial year in which the above statement is filed. Since the last quarter i.e. 4th Quarter return filed on 12.06.2008, the financial year relevant to this month June, 2008 which ended on 31.03.2009. Hence, two years from the end of the financial year would be over of 31.03.2011. If the AO wants to pass any order u/s.201(1) and 201(1A) to be passed within 31.03.2011. In the present case, the said impugned order passed on 28.03.2014, i.e. after the time limit available to pass the order u/s.201 & u/s.201(1A) of the Act. In our opinion, the said order is barred by limitation, cannot stand of its own leg. Accordingly we annul the impugned order which is bad in law. - Decided in favour of assessee.
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