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2020 (3) TMI 1224 - AT - Income TaxTDS default - Order passed u/s 201(1) and (1A) - Period of limitation - Effective date of amendments by Finance Act (No. 2) of 2009 - The impugned year under examination is Assessment-year 2010-11. Finance Act (No. 2) of 2009 inserted subsections (3) and (4) with effect from 1-4-2010. It provided that an order under section 201(l) for failure to deduct the whole or any part of the tax as required under the Act, if the deductee is a resident payer, shall be passed within two years from the end of the financial year in which statement of tax deducted at source is filed by the deductor. The assessee submits that the said amendment is applicable to the year under appeal. HELD THAT:- Having heard rival contentions, we are of the view that the order passed by Ld CIT(A) quashing the impugned order as barred by limitation does not call for any interference, as the Ld CIT(A) has followed the decision rendered by Hon’ble jurisdictional Karnataka High Court in M/S BHARAT HOTELS LTD. [2015 (12) TMI 1469 - KARNATAKA HIGH COURT] wherein held period of limitation would be four years from the end of the financial year in question. Accordingly, we uphold the order passed by Ld CIT(A). - Decided against revenue.
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