2021 (12) TMI 453 - ITAT DELHI - Income Tax

Head Note / Extract:
Order passed under section 201(1)/201(1A) - Period of limitation - applicability of the amendment - HELD THAT:- The assessee has made the payments on 18.05.2009 & 01.09.2009 and filed the statements in FY 2009-10 itself and accordingly, the order under section 201 (1)/201 (1A) of the Act could not be passed beyond 31.3.2012 but, however, the order was passed on 29.12.2016 which is beyond the limitation date. Regarding the applicability of the amendment by Finance Act, 2014 wherein the distinction between cases where statement has been filed and such statements was not filed was removed and the amendment prescribed a common period of limitation i.e. seven years from the end of financial year in which payment was made, it is submitted that the said amendment is not from retrospective date nor does it specifically say that it is from retrospective effect as it was said at the time of amendment by Finance Act, 2014. Therefore, the said amendment as on 01/10/2014 is with prospective effect. With this view of the matter we are of the considered opinion that the impugned order passed under section 201(1)/201(1A) of the Act is barred by limitation. Since the assessee succeeds on technical ground, any discussion on merits would only be academic and, therefore, we avoid the same. Appeal of assessee allowed.