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2016 (5) TMI 215 - ITAT BANGALORE

2016 (5) TMI 215 - ITAT BANGALORE - TMI - TDS u/s 194H - whether the proceedings initiated by the DCIT(TDS) are barred by limitation or not? - Held that:- the statute prescribes that the proceedings u/s 201 can be initiated by the TDS office within the period of 2 years from the end of the financial year in which statement referred to in sec.200 is filed or in cases where no statement is filed, within the period of 6 years from the end of the relevant financial year. In this case, the financial .....

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assessee - ITA No. 352/Bang/2012 - Dated:- 29-4-2016 - Shri Vijay Pal Rao, Judicial Member And Shri Inturi Rama Rao, Accountant Member For the Appellant : Shri B.K.Manjunath, CA. For the Respondent : Shri Sunil Kumar Agarwala, JCIT (DR) ORDER Per Inturi Rama Rao, AM This is an appeal filed by the assessee directed against the order of the ld. CIT(A)-II, Bangalore, dated 23/12/2011 for the assessment year 2003-04. 2. The assessee raised the following grounds of appeal: 1) The Orders of the learne .....

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g that the payee had no interest in the land and that he was a mere mediator facilitating the sale. 4) The learned authorities below erred in determining the nature of the consideration as commission covered by section 194-H of the Act by placing reliance on how the payee has shown the receipt in his tax return. Without prejudice, the learned authorities below overlooked the "No objection Certificate" issued to the payee under Chapter XX-C of the Act. 5) The learned authorities below e .....

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ng the order of the AO as being barred by limitation. 8) The learned authorities below erred in confirming the Interest levied u/s 201(1A), when there is no requirement to deduct tax at source and the assessee was not in default. 9) All the grounds are without prejudice to each other. 10) For the above and other grounds and reasons which may be submitted during the course of hearing of this appeal, the assessee requests that the appeal be allowed as prayed and justice be rendered. 3. Briefly fac .....

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rao Deputy Commissioner of Income-tax (TDS) [DCIT(TDS] noticed from the agreement between Shri Chinnaswamy Raju and Shri Mannoji Rao, owner of land admeasuring 2 acres 20 odd guntas that Shri Chinnaswamy Raju was only a middleman facilitating the transaction. Therefore, DCIT(TDS) was of the opinion that payments made by the assessee-company to Shri Chinnawamy Raju are only in the nature of brokerage or commission coming within the ambit of sec.194H of the IT Act,1961 and held the assessee-compan .....

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tax thereon, no steps should be taken for recovery of the same from the assessee-company. However, he upheld the levy of interest u/s 201(1A) of the Act. 5. Being aggrieved by this order of the CIT(A), assesseecompany is before us in the present appeal. 6. Learned AR of the assessee-company submitted that without going into merits of the issue, the proceedings initiated by the DCIT(TDS) are barred by limitation. Learned AR of the assessee has drawn our attention to ground No.7 raised by the ass .....

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