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2018 (10) TMI 785 - AT - Income TaxTDS liability on banks - Validity of assessment - period of limitation - whether CIT(A) has erred in holding that the assessment order passed by the Ld.AO is after the time lapse of four years when the order was issued on 28.03.2016 which is well within the time limit of six years from the financial year? - Held that:- The assessee is a nationalized bank who has preferred appeal against the demand notice issued against their four branches viz. Mint Street Branch, – Purasawakkam Branch, Nungambakkam Branch and Mahalingapuram Branch. In the case of all the above mentioned branches of the assessee bank, the Ld.AO has levied interest invoking the provisions of Section 201 & 201(1A) of the Act. On appeal, the Ld.CIT(A) relying on the decision of the Hon’ble Gujarat High Court in the case M.R. Shah J, S.H. Vora J 201, 201(3)(2016 (2) TMI 414 - GUJARAT HIGH COURT) held that since the appellant had filed the returns in time, the demand which has been raised beyond 4 years is invalid. Since the Ld.CIT(A) has only followed the ratio laid down by the Hon’ble Gujarat High Court, we do not find it necessary to interfere in his order. - decided against revenue.
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