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2018 (7) TMI 587 - AT - Income TaxTDS deposited delayed to the account of the Central Government - assessee in default u/s 201 - tax deducted was remitted beyond the respective due dates prescribed under Chapter XVII B of the Act read with relevant rules thereon - period of limtation - Held that:- Hon’ble Supreme Court in the case of Hindustan Coca Cola Beverages Ltd [2007 (8) TMI 12 - SUPREME COURT OF INDIA] had held that if the payee had disclosed the subject mentioned transaction as his receipts and in his return, then the assessee payer should not be treated as assessee in default u/s 201 of the Act. Even in that scenario, the assessee would be eligible to be levied with interest u/s 201(1A) of the Act till the date of payment of taxes by the payee thereon. Hence when the assessee payer himself delays the remittance of TDS which has been deducted by it, there is no reason why the interest u/s 201(1A) of the Act should not be charged on it. Looking into the facts of the case from this angle and by placing reliance on the decision of the Hon’ble Jurisdictional High Court in the case of Bhura Exports Ltd [2011 (8) TMI 449 - CALCUTTA HIGH COURT] which is binding on us, we hold that when there is no time limit stipulated in the statute for passing an order u/s 201(1A) of the Act upto 31.3.2010. for all the assessment years falling prior to 31.3.2010, the order could be passed at any time by the ld AO . - Decided against assessee
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