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2019 (5) TMI 336 - AT - Income TaxPeriod of limitation for order u/s 201(1) and 201(1A) - tds u/s 195 not deducted for remitting the amount to the Mauritius company - order barred by limitation - HELD THAT:- The present appeal, we are on the issue of validity of the order passed under section 201(1) and 201(1A) of the Act. Undisputedly, the financial year involved in the present appeal is F.Y. 2006–07. AO has issued the show cause notice u/s 201(1) and 201(1A) on 28th March 2013, and passed the order under the said provision on 27th March 2015 - the issue has now been fairly well settled by a plethora of decisions including the decisions of the Hon'ble Jurisdictional High Court as cited by the learned Authorised Representative. While considering identical issue in Tech Mahindra Ltd. [2018 (6) TMI 1602 - ITAT MUMBAI] the Co–ordinate Bench has held that the order passed under section 201(1) and 201(1A) of the Act after expiry of six years from the end of the financial in which payment was made is barred by limitation Undisputedly, the order passed u/s 201(1) and 201(1A) of the Act on 27th March 2015 is after expiry of six years from the end of the relevant financial year i.e., F.Y. 2005–06. That being the case, even as per the provisions of section 201(3) the order passed by the AO u/s 201(1) treating the assessee as assessee in default is grossly barred by limitation. - Decided in favour of assessee.
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