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2015 (8) TMI 1040 - ITAT MUMBAITDS liability - time limit for making assessment u/s 201(1) - assessee “deemed to be in default” - Held that:- We have also perused the facts of the present case as well as the orders of ITAT in case of the appellant for AY. S.2006-07 to 2010-11 and we are satisfied that issues covered in those appeals are identical to the facts and issues of the present appeals wherein find that the FAA has not given any direct finding. He had given direction to the AO to find out the details of filing of quarterly statements for the year considerationand ‘to verify for his records as to whether the assessee had filed the necessary quarterly statements (or yearly TDS return)’. He further held that if the quarterly statement as required under section 201(3) had been filed with the due dates, the order passed by the AO was invalid and had to be annulled. He also mentioned that the assessee had not filed the TDS statements for the year under appeal as per law the case would be governed by the provisions of section 201(ii) of the Act and the impugned order passed would be treated valid. In our opinion, the order of the FAA does not suffer from any legal infirmity. Provisions of section 201(3) were amended and word six years were substituted by words four years with retrospective effect from 1April 2010. Survey action carried out in October 2010 and the amendment had come on statute before six months. So, the FAA, in our opinion has rightly interpreted the section and the time limit. Time limit depends upon the filing of quarterly/yearly statement. The FAA has emphasized the same point and has directed the AO to make verification, as stated earlier. In these circumstances, we are of the opinion that the order of the FAA does not suffer from any legal infirmity. - Decided against revenue.
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