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2017 (2) TMI 789 - AT - Income TaxValidity of order u/s.201(1) - period of limitation for declaring Assessee in default - time limit for proceedings u/s 201(1) and (1A) - Held that:- After issuance of notice the order should probably passed within one year and the proceeding was held to be time barred. The facts is not in dispute wherein the notice has been issued on 24.09.2003 u/s.201(1)/ 201(1A) of the Act and thereafter the order was passed u/s.201(1)/ 201(1A) of the Act on 28.03.2011 after the expiry of more than seven years . In view of the said circumstances and in view of the above mentioned law, we are of the view that the CIT(A) has decided this issue wrongly and illegally which is not liable to be sustainable in the eyes of law. Since the order passed after the expiry of limitation period, therefore, the same is hereby ordered to be set aside and accordingly appeal of the assessee is hereby accepted. See Director of Income Tax (International Taxation) Versus M/s. Mahindra & Mahindra Limited [2014 (7) TMI 265 - BOMBAY HIGH COURT ]- Decided in favour of assessee
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