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2023 (1) TMI 721 - AT - Income TaxPenalty u/s 271C - Proceedings as time barred - non deduction of tax at source on the transaction under provisions of Section 194C - Counsel submitted that penalty proceedings have been initiated 14 years after the assessment year concerned - HELD THAT:- Firstly, penalty proceedings have been initiated after 14 years and the same is belated and beyond reasonable limitation period of time and this proposition is supported by the decision of NHK Japan Broadcasting [2008 (4) TMI 182 - DELHI HIGH COURT] and Bharti Airtel vs. UOI [2016 (12) TMI 1601 - DELHI HIGH COURT] As in terms of jurisdictional Delhi High Court in CIT vs. Mahesh Woods Products (P) Ltd. [2017 (5) TMI 433 - DELHI HIGH COURT] and PCIT vs. Rishikesh Buildcon Pvt. Ltd. [2022 (11) TMI 1038 - DELHI HIGH COURT] when the date of initiation for the purposes of Section 275 is 27.03.2019 and, therefore, order ought to have been passed within six months i.e. by 30.09.2019, whereas order has been passed on 31.10.2019. Hence, beyond limitation. Thus we hold that the penalty levied in this case deserves to be deleted. Hence, we set aside the orders of the authorities below and delete the penalty. - Decided in favour of assessee.
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