2022 (11) TMI 777 - AT - Income Tax
Default u/s 201(1)/1A - period of limitation - TDS u/s 194C OR 194I - Short deduction of TDS - mall owners have collected/recovered expenses in the form of Common Area Maintenance charges on which the deductors/tenants have deducted tax - HELD THAT:- As noted that earlier section 201(3) of the Act as amended by Finance Act, 2012 amended on 28/5/2012 was specifically made applicable retrospectively w.e.f. 1/14/2012, whereby limitation period was substituted from four years to six years for passing orders where TDS Statement had not been filed. However, section 201(3) of the Act as amended by Finance Act No.2 of 2014, as mentioned in the memorandum of the Finance Bill No.2 of 2014 is stated to have effect from 1st October, 2014.
Thus, wherever the Parliament / Legislature wanted to make provisions applicable retrospectively, it has been so provided. - At this stage, it is required to be noted that while making amendment in section 201(3) of the Act by Finance Act No.2 of 2014, does not so specifically provide that the said amendment shall be made applicable retrospectively.
As specifically stated that the said amendment will take effect from 1/10/2014. As observed hereinabove, in the present cases, limitations provided for passing order under section 201(1) of the Act for A.Y. 2011-12 had already been expired on 31/3/2014 i.e. prior to section 201(3) came to be amended by Finance Act No.2 of 2014.
Similar view was taken by the Hon'ble High Court of Gujarat in the case of Tata Teleservices Vs. Union of India [2016 (2) TMI 414 - GUJARAT HIGH COURT] and also in Oracle India Private Limited [2015 (11) TMI 408 - DELHI HIGH COURT] against which SLP filed before the Hon'ble Supreme Court was dismissed [2016 (8) TMI 612 - SC ORDER]
Thus we have no hesitation to hold that the assessment order dated 30.03.2018 is barred by limitation. Appeal of assessee allowed .