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2024 (1) TMI 1064 - AT - Income TaxValidity of Order u/s 201(1) and 201(1A) - period of limitation - deeming a person to be an assessee-in-default - Non deduction of TDS - bone of contention is the order u/s. 201(1) of the Act which is dated 31.10.2019. The TDS return was filed by the assessee on 07.05.2013, therefore, the contention of the assessee that the impugned order is barred by limitation as it expires after two years which means that the order ought to have been framed on or before 31.03.2015 and as the order has been framed on 31.10.2019 it is barred by limitation - HELD THAT:- Similar issue was considered by this Tribunal in M/s. Cantabil Retail India Ltd. Versus ACIT Circle – 73 (1) New Delhi [2023 (7) TMI 462 - ITAT DELHI] as the time limitation for passing an order under sub-section (1) to Section 201 i.e deeming the present assessee before us, as an assessee-in-default under sub-section (1) to Section 201 of the Act could have validly been done within a period of 2 years from the end of the financial year in which the statement u/s. 200 was filed by the assessee, i.e., latest by 31.03.2014, as per the law as was then available on the statute, therefore, the order passed by the AO u/ss. 201(1) /201(1A) of the Act, dated 29.03.2018 is clearly barred by limitation. Appeal of assessee allowed.
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