Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2021 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (9) TMI 96 - AT - Income TaxRectification of mistake u/s 254 - Validity of order u/s. 201(1) and 201(1A) as barred by limitation - Revenue pointed out that the Income Tax Act does not provide time limit for passing of order u/s.201, 201(1) & 201(1A) of the Act, on payments made to non-resident u/s.195 - HELD THAT:- We noted that the AO has passed order u/s.201(1) & 201(1A) of the Act, almost after six years. Considering judgments relied upon by the assessee in the case of CIT vs. Satluj Jal Vidyut Nigam Ltd. [2009 (12) TMI 679 - HIMACHAL PRADESH HIGH COURT], case of State of Punjab & Ors. Vs. Bhatinda District Coop Milk P. Union Ltd [2007 (10) TMI 300 - SUPREME COURT] and DIT (International Taxation) vs. Mahindra & Mahindra Ltd. [2014 (7) TMI 265 - BOMBAY HIGH COURT] we feel that order was not passed within a reasonable time by the AO and hence, the Tribunal has taken a view which does not fall under the rectification proceedings u/s.254(2) of the Act. Miscellaneous application of the Revenue is dismissed.
|