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2023 (9) TMI 111 - HC - Income TaxInitiation of proceedings u/s 201(1) - period of limitation - Matter was kept in abeyance on the request of assessee himself - what is a reasonable period in the absence of any statutory limitation ? - HELD THAT:- In the instant case, it is seen that following a survey operation under Section 133A of the Act on 30.12.2015, it was detected that petitioner had made two payments to two foreign companies but did not deduct TDS under Section 195 of the Act. It was thereafter that the show cause notice was issued on 20.01.2016. It would be interesting to note that on the ground that the two foreign companies had filed applications before the AAR as to taxability of such transactions, petitioner had filed an application before respondent No. 1 to keep the proceedings under Section 201 of the Act in abeyance. Such an action of the petitioner would run counter to its very contention that the proceedings concluded by respondent No. 1 was beyond limitation. The survey was conducted on 30.12.2015, show cause notice was issued on 20.01.2016 and the proceedings came to be concluded on 14.12.2018 which was within a reasonable time in view of DCIT. We see no infirmity in the view taken by DCIT. We are therefore not inclined to entertain the writ petition.
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