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2023 (5) TMI 120 - ITAT MUMBAIValidity of order passed u/s. 201(1)/201(1A) - period of limitation - default of non deduction of taxes from LTC payments to the employees - HELD THAT:- Hon'ble Jurisdictional High Court in the case of DIT(IT) vs. Mahindra and Mahindra Ltd [2014 (7) TMI 265 - BOMBAY HIGH COURT] has held though section 201 of the Act has not prescribed any limitation period, declared the assessee to be an assessee in default, the Revenue will have to exercise the said powers within a ‘reasonable time’. This as per our understanding clearly undertakes that it applies to cases prior to 01.04.2010. The assessee’s case will not come under the purview of this decision. Hence, we do not find any merit in the additional ground raised by the assessee. Therefore, the additional ground raised by the assessee is dismissed. Whether order u/s. 201(1) cannot be passed after the expiry of two years from the end of the financial year in which TDS statement was filed? - As pertinent to point out that the assessee has not filed its quarterly statement before us for the purpose of considering the limitation period u/s.201(3) of the Act which specified “two years from the end of the financial year in which the statement is filed”. In order to give a fair opportunity to the assessee, we hereby remand this issue back to the file of the ld. CIT(A) for adjudicating the issue that the impugned order was barred by limitation on the facts of the case. Hence, the appeal is set aside to the file of the ld. CIT(A). As we have not gone into the merits of the case, the other grounds of appeal raised by the assessee are kept open.
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